LIBRARY OF CONGRESS. 



Chap......!.. Copyright iNo. 

Shelf.VnA 



UNITED STATES OF AMERICA. 



THE 

TRANSITION PERIOD 



OF 



CAIilFORNIA 



FROM A 



PROVINCE OF MEXICO IN 1846 

TO A 

STATE OF THE AMERICAN UNION IN 1850 

BY 
SAMUEL H. WILLEY, D.D. 




SAN FRANCISCO 
THE WHITAKER AND RAY COMPANY 

(incorporated) 
1901 



5 5 -"5^ 'J 



Library of Conpress 

Iwo Copies BtCEivto 
FEB 23 1901 

^ Copyright tntry 
^^ . :^C3 , ><^ * / 

SECOND COPY 



Copyright, 1901 

by 

Samuel H. Willey 



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^n\ 



TO 

THE OFFICERS AND MEjIBERS 

OF THE 

SOCIETY OF CALIFORNIA PIONEERS 

THIS VOLUME IS RESPECTFULLY 



According to the Constitution of the Society of California 
Pioneers, one of its objects is, — 

"To COLLECT AND PRESERVE INFORMATION CONNECTED WITH 

THE EARLY SETTLEMENT AND SUBSEQUENT HISTORY OF THE 

COUNTRY." 

iv 



PREFACE. 

(personal.) 

The writer's home was in Monterey in 1849. It 
was then the capital of the territory and the head- 
quarters of the United States army. The governor 
and his staff resided there, and there were the offices 
of the civil government. 

The officers and their employees constituted the 
larger part of the English-speaking portion of the 
population, and among them the very important 
questions concerning a civil government to take the 
place of military rule, which was now at an end, were 
constantly discussed. Although my vocation as a 
clergyman left me little time to look into these things, 
I became very much interested in them, and in all 
that pertained to the history of this new country to 
which I had come. I took every opportunity to gather 
information from those who had been long residents 
here, and carefully preserved such historical papers 
and documents as fell into my hands. All the events 
that led up to the calhng of the convention which 
formed the state constitution in September, 1849, were 
familiar to me, and being connected with that body as 
chaplain, all its proceedings were familiar also. I 
never had time, however, in a busy life that followed, 
to make any use of the historical materials that had 
accumulated by the way, till w^ithin a few years past. 
Then, in looking over events in the past perspective, 



vi Preface. 

it seemed clear to me that the transition of CaUfornia 
from its connection with Mexico to become one of the 
United States of America, especially at the time at 
which this took place, and under the unprecedented 
circumstances which surrounded it, and in view of the 
amazing consequences that followed, made it an event 
that ought to be considered by itself. 

Hence this monograph, which the writer hopes may 
prove to be a valuable contribution to the history of 
this state, which has just completed its first half- 
century. 



CONTENTS. 

CHAPTER I. 

PAGE 

TheChangeof Flag — Antecedent History — Earlj- Explorers — Period 
of Silence — Founding of the Missions — Boston begins Trade — 
California a Mexican Province — Frequent Local Revolutions— 
Explorations — Captain Cook and John Ledyard — France — Eng- 
land — Russia — United States 1 

CHAPTER II. 

Thomas O. Larkin — Gives Information to Washington — Is Ap- 
pointed United States Consul — His Description of the Country — 
Fremont's Exploring Expedition, 1844 — Mormons Look toward 
California — The MacNamara Colonization Scheme — Wide Inter- 
est in California at Home and Abroad 9 

CHAPTER III. 

Approach of the Mexican War — Notification of the Navy on the 
Pacific — Secretary Bancroft's Dispatch of June 24, 1845— The 
Opening of the War on the Rio Grande in 1846— News Reaches 
Commodore Sloat at Mazatlan — His Uncertainty — Sails to Mon- 
terey— Hears of Fr(5mont and the Bear Flag — Is Perplexed, but 
Raises the United States Flag, July 7, 1846 20 

CHAPTER IV. 

The Government's Plan for the Conquest of California— Dispatch 
to Commodore Sloat, of the Navy, June 3, 1846 — Orders given to 
General Kearny, of the Army, same date — Kearny, with the 
"Army of the West," Reaches Santa F(5 — Proceeds with Three 
Hundred Dragoons to California — On October 6th, Meets Kit Car- 
son on his way to Washington with News of Conquest of Califor- 
nia Accomplished — Turns back Two Hundred of his Dragoons — 
Advances with One Hundred — Suffers at San Pasqual — Reaches 
San Diego, December 12, 1846 28 

CHAPTER V. 

"The Government Plan" Interfered with — History of the Interfe- 
rence—Colonel Fremont and his Surveying Party, 1846 — Is 
Ordered to Leave — Goes North to Oregon Line— Lieutenant 
Gillespie, from Washington, Reaches Him — Fremont and Party 
vii 



yiii Cordents. 



PAGE 

Keturn to Sacramento Valley — Settlers Gather at his Camp — 
Vallejo and Others Captured at Sonoma and Imprisoned at Sut- 
ter's Fort — The Bear Flag- The Bear Flag Battalion on the 
American Fork — News of Commodore Sloat at Monterey and 
Raising of the Flag — Fremont and Battalion reach Monterey 

— Commodore Sloat leaves, and Commodore Stockton takes Com- 
mand 35 

CHx\PTER VI. 

Stockton and Fremont Undertake the Conquest of California— They 
Take Santa Barbara, San Diego, and Los Angeles, and Report Con- 
quest Accomplished — Stockton Assumes the Title of Governor, 
and Sends a Dispatch to Washington by Kit Carson, who meets 
General Kearny and his Dragoons Coming to California — Be- 
lieving the Conquest Accomplished, he Sends back Two Hundred 
Dragoons and Comes on with One Hundred — But, in California, 
"Conquest" not Permanent — Southern Portion in Arms — Gen- 
eral Kearny, on Reaching California, Finds it so — The San 
PasqualAffair — He Finds Commodore Stockton and his Marines 
Preparing to Retake Los Angeles, December 12, 1846 48 

CHAPTER VII. 

Kearny and Stockton — Conflict of Authority — March to Los An- 
geles from the South — Coming down of Fremont from the 
North — Los Angeles Taken — The " Couenga Capitulation" — 
Commodore Stockton Appoints Colonel FrtJmont Governor and 
Retires to his Ship — General Kearny Assumes the Office of 
Governor under his Orders from Washington — Fremont Refuses 
to Recognize his Authority — Commodore Shubrick Arrives, 
February, 1847 — Relieves Commodore Stockton — The Govern- 
ment set up by Stockton and FriJmont Ignored — Shubrick 
takes Command at Sea and Kearny on Land — The "Government 
Plan " is Restored 56 

CHAPTER VIII. 

General Kearny's Reinforcements Coming in — The Lexington — 
"Stevenson's Regiment " — The Mormon Battalion, etc. — Civil 
Government — Rev. Walter Colton's Alcaldeship — General 
Kearny Leaves, May 31, 1847, and Col. R. B. Mason takes his Place 

— He had to Assist Him, Lieut. W. T. Sherman and Lieut. H. W. 
Halleck — San Francisco has Fifty Houses, 1847 — Dissatisfaction 
with " Alcalde Government " — January 24, 1848, Gold Discovery! 

— Business Revolutionized — Governor Mason Perplexed — He 
Visits the Mines with Lieutenant Sherman in the Early Fall 61 



Contents. ix 

CHAPTEE IX. 

PAGE 

News Comes of Treaty of Peace with Mexico — Proclaimed August 7, 
1848— Territorial Government Expected from Congress — Pre- 
vented by the Slavery Discussion — Governor Mason Worried — 
Really no Law, and very little Force at Hand — Secretary Buchan- 
an's Advice — General Disappointment in California — People 
Preparing to Frame a Government for Themselves — Conven- 
tions Held — February 23, 1849, the California, the First Steam- 
ship, Pacific Mail Line, Arrived at Monterey — General Bennett 
Riley Arrived in April and Relieved Governor Mason — Con- 
gress Adjourned and Failed to Organize a Territorial Government. 76 

CHAPTER X. 

Convention Called by Governor Riley to Form a State Constitution, 
Junes, 1849 — Election of Delegates, August 1st — T. Butler King 
Arrived, Confidential Agent from President Taylor — The Con- 
vention Met in " Colton Hall," Monterey, September 1, 1849 — 
Analysis of its Membership 86 



CHAPTER XI. 

The Convention begins Business — " Bill of Rights " Introduced— Mon- 
day, September 10th, the Article Prohibiting Slavery Adopted 
by Unanimous Vote — September 12th, the Committee on Boun- 
dary of the State Proposing to Include what is now Nevada 
— Dr. Gwin's Proposition to Extend to the Boundary of New 
Mexico — Halleck's Amendment — Mr. Gwin's Ambition to be- 
come United States Senator — An All-Day Debate, September 
24th — Late in the Evening, Mr. Gwin's Boundary Adopted in 
Committee of the Whole 95 



CHAPTER XII. 

The Vote on the Boundary Question Unsatisfactory — Became more 
so, as it was Discussed in Private — The Question of Admission to 
the Union the main one — Mr. Sherwood's Speech — Mr. Botts's 
Speech — Mr. Halleck's Speech — Another Close Vote for Larger 
Boundary — Scene of Confusion Followed — Adjourned — Recon- 
sideration Carried — Mr. Lippitt's Speech — Mr. Gilbert's Speech 
— Final Vote adopting Sierra Boundary, 32 to 7 104 

CHAPTER XIII. 

Completion of the Work of the Convention — Adoption of the Pre- 
amble—Preparation of an Address to the People — Members, in 



ContenU 



PAGE 

a Body, Call on Governor Riley — Adjournment — Constitution 
Adopted by Vote of the People, and State Officers Chosen, on No- 
vember 13, 1849 — Legislature Met in San Jose, December 20, 1849 — 
Governor Riley turns over Authority to the State — Fri^mont and 
Gwin Chosen United States Senators — With Wright and Gilbert, 
Representatives, they Leave for Washington — The Legislature 
Proceeds with its Work 123 

CHAPTER XIV. 

Congressional Delegation at Washington — Sharp Division of Senti- 
ment as to their Admission — President Taylor Advises the 
Admission of California, December 4, 1849 — Draft of Constitution 
Submitted, February 13, 1850 — An Elaborate Memorial Issued 
and widely Published by the Delegation — The Admission of the 
State made an "Administration Measure " — Not Unitedly Agreed 
to by the Party Leaders — Mr. Clay's " Omnibus Bill" Intro- 
duced, Coupling many other things with " Admission " — The 
Opening of an All-Summer Debate— Mr. Calhoun's last Speech 
read for him, March 4, 1850 127 

CHAPTER XV. 

Mr. Webster Discusses "California" in his "7th of March Speech," 
without Referring to the President's Plan of Admission, or to Mr. 
Clay's — He Avould Admit California — The Question of Slavery 
there not an Open Question, because the Law of Nature, Physical 
Geography, Forbids it — Mr. Seward Addresses the Senate two 
days later — " Let California come in. California already a state, 
and can never be less. She asks to be a state of this Union. The 
ansAver must be, Noav, or never. No ' compromises ' in a case like 
this " 143 

CHAPTER XVI. 

The Case fairly Presented by these Representative Statesmen — Su- 
preme Importance of the Issue — Debate continues all Summer — 
President Taylor Dies, July 9, 1850 — Vice-President Fillmore 
takes his Place — The Question of the " Balance of Power " in the 
United States Senate — The Senate came to a Vote on California, 
August 13, 1850— Bill to Admit Passed — Minority "Protest" was 
Refused a Record on the Journal of the Senate — Bill came up in 
the House, September 7th — It was Delayed by Dilatory Motions 
— It Avas finally Passed on Saturday, the 7th, and Signed by the 
President on Monday, the 9th of September, 1850 154 



BOOKS AND AUTHORITIES 

EXAMINED IN THE PREPARATION OF THIS WORK 



Hittell's History of California. 
Bancroft's History of California. 
Annals of San Francisco. 
General Sutter's Diary. (Manuscript.) 
Fremont's Memoirs. 
Colton's Three Years in California. 
Dwinelle's Argument Touching Spanish Titles. 
Sparks's American Biography. 
Consul Laskin's Manuscript Papers. 
Koyce's California. 
Correspondence : Sacramento Union. 
Tuthill's History of California. 
'CuTTs's Conquest of California. 
McWhorter's Historical Paper. 
Record of the Court-Martial Trial, 1847. 
Davis's Sixty Years in California. 
Shinn's Mining Camps. 
General Sherman's Memoirs. 
Constitutional Convention Records, 1849. 
General Bidwell, in Century Magazine, December, 1890. 
Governor Burnett's Memoir. 
Life and Worlcs of Henry Clay. 
Life and Works of Calhoun. 
J. F. Rhodes's History of the United States. 
Daniel Webster's Speeches. 
Seward's Speeches. 
Congressional Globe. 
Bayard Taylor's El Dorado. 
Schouler's History of the United Slates. 



xii Books and Authorities Examined. 

Bryant's What I Saiv in California. 

Hall's History of San Jose. 

Notes of conversations with earty residents of California, relative 
to the period of history under review. Among them were : 
Gen. M. G. Vallejo, born in California in 1808 ; Hon. 
David Spence, who came here from Scotland, I think, in 
1822 ; Consul Thomas 0. Larkin, coming in 1832 ; Gen- 
eral John Bidvtell, in 1841; Captain Henry L. Ford, 
of the ^' Bear Flag" company, who came in 1842 ; Capt. 
H. W. Halleck, who arrived early in 1847; Col. R. B. 
Mason, who came in February, 1847; and General Ben- 
nett Riley, who arrived in April, 1849. 



THE TRANSITION PERIOD 
OF CALIFORNIA. 

CHAPTER I. 

The Change of Flag — Antecedent History — Early Explorers — Period of 
Silence — Founding of the Missions — Boston begins Trade- Califor- 
nia a Mexican Province — Frequent Local Revolutions — Explorations 
— Captain Cook and John Ledyard — France — England — Russia — 
United States. 

The day that saw the Mexican flag come down in 
California and the flag of the United States go up, 
marks one of the most important changes in the his- 
tory of the American continent. 

The full result, however, was not reached till a little 
over four years later, when California was admitted 
as a state to the American Union. 

These four intervening years constitute a period of 
such peculiar and critical interest that it invites and 
will reward a special study. 

In approaching this study we observe that Califor- 
nia is hut a part of that one third of our North Amer- 
ican continent that pours its waters into the Pacific 
Ocean, and furnishes sea-coast and harbors all along 
its more than fifteen hundred miles of coast-line. And 
what is remarkable is, that this vast domain was for 
so many centuries unused and comparatively unoccu- 
pied by civilized man. 

It seems to have been held in reserve for some great 
purpose. 

Meanwhile other ocean shores were densely peopled, 



2 The Transition Period of California. 

and were made alive with the pursuits of commerce, 
trade, and navigation. 

But here all was silence. 

Now and then, explorers sailed along our coast as 
far north as they dared, and one of them, in 1542, gave 
the name "Mendocino" to our cape, which it retains 
to this day, and another, in 1579, by a visit ashore, 
attached his own name to the bay which we know as 
Sir Francis Drake's Bay. In those days the Manila 
ships — those roomy, slow-sailing galleons, filled with 
precious freight and specie — approached near enough 
to our coast to see the land, but glided leisurely down 
the horizon toward Mexico and the Central American 
ports. 

On land, from the ocean shore eastward, over plains, 
through valleys, across rivers, through forests, and over 
mountains, clear to the Rockies, roamed only wild 
beasts and wild men.^ 

Not until the sixteenth century closed and the sev- 
enteenth began, did the Spanish explorers find two or 
three of our harbors and publish a description of them. 

And then, strange to say, there followed a full cen- 
tury and a half of silence, during which neither land 
nor ocean was used! 

At last, well on in the latter half of the eighteenth 
century, a little movement appears. 

Spain wanted ports on this coast at which her Ma- 
nila ships could repair and find supplies. 

At the same time, a renewed missionary zeal induced 
the Franciscans to undertake a mission for the con- 

1 " In this region (1845) the condition of the Indian is nearly akin to 
that of the lower animals. Here they are really wild men."— Frewioni's 
Memoirs, vol. 1, p. 4:38. 



The Transition Period of California. 3 

version of the natives of Alta California, and the prep- 
aration for the enterprise was committed to Galvez at 
La Paz. The general plan and methods of undertak- 
ings like this had been familiar in Spain for more than 
two hundred years.^ 

A couple of ships were fitted out with missionary 
emigrants and soldiers to come to the port of San 
Diego. 

At the same time, an expedition was prepared to 
come up the peninsula of Lower California by land. 

The parties all reached San Diego in July, 1769, 
and at once founded the first mission. 

Their object was the Christianization of the native 
inhabitants, and to prepare them for civilized life. 

Exploration of the country between the ocean shore 
and the Coast Range of mountains immediately fol- 
lowed, and within a few years missions like that in 
San Diego were planted at convenient distances north- 
ward, all the way to San Francisco Bay. 

Many thousands of Indians were gathered into 
them, and the effort to train them for citizenship and 
a Christian life was made perseveringly during the 
period of about two generations. But it was not a 
success. 

To be sure, great obstacles were encountered in con- 
nection with secular governments, but the principal 
difficulty was that a character qualifying the native 
inhabitants for citizenship was not developed. 

1 " It was the policy of Spain, adopted as early as the year 1551 by the 
Emperor Charles V., and never departed from by his successors, that the 
Indians should be compelled to live together in villages, this being con- 
sidered the only possible condition of their becoming civilized. . . . 

"The missions were not intended to be permanent, but to be merged 
into parishes and dioceses with bishops."— Dw-me^Ze's Argument, pp. 13-17. 



4 The Transition Period of California. 

Meanwhile, along with this experiment of the mis- 
sions, there came a slight colonization from Spain, of 
a few people of more than average intelhgence and 
ability. 

They obtained grants of land, and by the aid of the 
labor of the natives developed the great ranchos so 
famous in early CaHfornia history. 

A little later, a few Europeans and some Americans 
found their way into the country, and, marrying native 
wives, made themselves homes here and there in the 
country, where they could secure grants of land. 

But for many years it could not be said that the 
country was inhabited. Its harbors were rarely vis- 
ited. Its lands were uncultivated. 

Its scattered ranchos were always in fear of incur- 
sions from the wild Indians, who dwelt in the San 
Joaquin Valley and in the foothills of the Sierras. 

They were in the habit of sweeping down upon them 
in force, and driving off their herds and bands of 
horses. 

As years went by, a few hunters and trappers found 
their way over the mountains from the east and the 
north, and remained in the valley of the Sacramento. 

Somewhat early in the present century, Boston mer- 
chants opened a trade on this coast, sending every 
variety of goods that might be wanted here, and receiv- 
ing in payment hides and tallow, the only product of 
the country. 

The ships could afford to pay largely at the custom- 
house in Monterey for the privilege of doing this busi- 
ness, for they sold goods at an enormous profit, and 
the customs officials could afford to forget the law, 



The Transition Period of California. 5 

in order to fill the treasury, from which alone the gov- 
ernment derived its support and its officers received 
their salaries. 

No money went from here to the central govern- 
ment in Mexico, nor did any come from that source to 
California for the benefit of this department. 

Indeed, it was left very much to itself, now and then 
receiving governors from Mexico, and sending them 
away when they became tired of them. 

Revolutions were frequent, carried on by the offi- 
cials, and supported by the loose and reckless class 
that had nothing to lose, but the people of substance 
seldom took any interest in them. 

They built themselves thick-walled adobe houses, 
with solid doors and barred windows, and if a politi- 
cal storm arose, they shut themselves in and waited 
till it was over. 

It cannot be said that any proper or adequate use 
was made of this country as a whole during these 
years, or indeed as long as it remained a department 
of Mexico. At the same time, it was attracting a good 
deal of attention from the leading nations. 

Its geography, its climate and resources, became 
matters of scientific inquiry by them all, while at the 
same time its unsettled political relations were by no 
means overlooked. 

Captain Cook, the distinguished English explorer, 
looked in upon this coast in his third voyage in 1776, 
and his report concerning it awakened an interest 
even beyond his own country.^ 

1 The name of our American traveler, John Ledyard, is, singularly- 
enough, connected with this voyage, and with results of the greatest 



6 The Transition Period of California. 

France took note of it, and sent La Perouse ten 
years later, in 1775, and he reported on the coast from 
Mount St. Elias, in the north, down to Monterey. 

The English were not satisfied with what they had 
learned, but in 1792 sent Vancouver, who had been 
midshipman under Captain Cook in his visit here, 
with orders to survey the coast from 30° northward . 

The Russians from Alaska came down to obtain 
supplies in 1806, and planted, temporarily, a colony by 
which what was needed might be produced from year 
to year. 

France was not satisfied with what she had learned 
through La Perouse, but in 1840 sent Duflot de Mo- 
fras, a learned and cultivated gentleman, to make a 
scientific exploration and report. 

consequence afterward. Ledyard was a Connecticut-born boy who was 
sent to Dartmouth College in the days of President Wheelock. He was 
quick to learn, but restive under restraint. He craved adventure. Go- 
ing into the woods near the Connecticut River, he cut down a tree and 
made of it a canoe in which he sailed down the river to Hartford, and 
soon shipped as a sailor on a voyage to England. He arrived in London 
just as Captain Cook was to sail on his third and last voyage. He got in- 
troduced to Captain Cook, and was made corporal of marines. In the 
course of that voyage he visited this coast, and became more or less ac- 
quainted with California. This was in the year 1776. In his subsequent 
wanderings he was in Paris in 1785, and became known to Thomas Jef- 
ferson, then United States minister there, by whom he was received with 
great kindness. 

Mr. Jefferson listened to his description of this Northwest coast, and 
perceived at once the advantages bearing on the commerce and political 
interests of the United States. Sixteen years later, Mr. Jefferson became 
Presidei^t of the United States, and one of the first things he did was to 
secure the sending of the Lewis and Clark exploring expedition over- 
land to the Pacific. 

They went up the Missouri River, starting in 1803, and crossed to a 
branch of the Columbia, and thence down that river to its entrance to 
the ocean, and returned the same way, and were gone two years and four 
months. 

Ever since the publication of their journal, the country has taken a 
deep interest in the destiny of this Pacific region.— Sparfcs's American 
Biography, 2d series, vol. 14. 



The Transition Period of California. 7 

Furnished with a passport from Mexico, he spent 
two or three years in fulfilling his commission. 

His report was published in Paris in 1844, and was 
a most complete account of this then unknown coun- 
try/ 

The United States sent the Wilkes exploring expe- 
dition to this coast in 1841, and a survey was made of 
the Bay of San Francisco and of the Sacramento River, 
and also of the Columbia River, in Oregon, and in 
1843 Mr. Fremont extended his transcontinental sur- 
vey from the east to this point on the Columbia, to 
which Wilkes had carried his from the west. 

These surveys and explorations made in the first 
half of the present century by the leading nations in- 
dicate the growing interest that was felt in California. 
And the pubUcation of their reports increased that in- 
terest in a very high degree. 

They revealed to the world a comparatively unoccu- 
pied territory of the greatest value. 

Its vast plains and valleys, hundreds of miles in ex- 
tent, fertile and well watered , awaited cultivation. 

Over all was a climate so genial and healthful the 
year round, that no other could be compared with it. 

Its bays and harbors, found along a coast-line of 
nearly a thousand miles in extent, — one or two of them 
the finest in the world, — were but rarely visited. 

1 De Mofras, an attache of the French legation at Mexico, was detached 
from that service in 1840, by Marshal Soult, at that time president of the 
privy council of Louis Philippe, for the purpose of making a thorough 
reconnaissance of California and Oregon. 

This work he accomplished in the most faithful manner, reporting 
in two volumes, in 1846, to the King. 

It is a work of the highest authority, and was doubtless prepared as a 
handbook for the acquisition of California by the French. — DiuineZie's 
Argument, p. 15. 



8 The Transition Period of California. 

The people dwelling here, say, about 1840 numbered 
only a few thousands, in a country capable of support- 
ing millions/ 

California's political connection was with Mexico, 
but it was a remote province of that government, sep- 
arated from the rest of that country by a long sea- voy- 
age on the one side, and by an almost impassable desert 
on the other. The people of California were hardly 
more than Mexican in name, and not at all in interest, 
sympathy, or patriotic feeling. 

They were all the time dissatisfied with the Mexi- 
can government, and recognized with little regret the 
probability of their coming, ere long, under the flag of 
some other nation. 

No wonder that the other nations, having explored 
the country, and seeing this condition of things, stood 
ready, each one of them, to seize the first safe opportu- 
nity to take possession of it. 

The United States was especially watchful of events 
relating to California. 

The government, through its successive administra- 
tions, entertained the opinion expressed by Mr. Jef- 
ferson, " that this whole Western region, separated from 
the United States by no barrier of nature, ought to be 
eventually embraced in its territory." 

Indeed, it became a settled purpose of the govern- 
ment that it should not come into the possession of 
any European nation. 

1 " The population at that time was estimated at seven thousand of 
Spanish blood, ten thousand domesticated Indians, seven hundred Amer- 
icans, one hundred English, Scotch, and Irish, and one hundred Ger- 
mans, French, and Italians." — ITi^eZJ, vol. 2, p. 275. 



CHAPTER II. 

Thomas O. Larkin — Gives Information to Washington — Is Appointed 
United States Consul — His Description of the Country — Fremont's 
Exploring Expedition, 1844 — Mormons Look toward California — The 
MacNamara Colonization Scheme — Wide Interest in California at 
Home and Abroad. 

At the same time, every means was used to keep 
up an intimate acquaintance with Cahfornia affairs, 
especially with its political condition, and the dispo- 
sition of its more influential citizens toward other 
nations in case of a change of flag. 

This was done more particularly through Thomas 
0. Larkin, who came to California from Boston in 
1832, and lived in Monterey, conducting there an ex- 
tensive business. 

Mr. Larkin was an unusually alert and observing 
man, and took a particular interest in keeping himself 
thoroughly acquainted with the political situation. 

He communicated information concerning these mat- 
ters to the authorities at Washington. 

In 1844 Mr. Larkin was appointed United States 
consul for California. 

He took particular pains to get accurate information 
concerning the political preferences of the leading Cali- 
fornians and communicated it to his government. 

Theref re, when, later, the prospect of a change seemed 
to be near, this information proved to be of very great 
value. 

He was intrusted with the very delicate business of 
presenting to influential men of the country the ad- 



10 The Transition Period of California. 

vantages that California would derive from becoming 
a territory of the United States.^ 

It is interesting now, after all the great changes that 
have taken place, to review his representation of Cali- 
fornia as he then made it to the government at Wash- 
ington. 

"First as to its boundary." He says "that the ter- 
ritory extends eastward to the Rocky Mountains, al- 
though but a narrow strip is inhabited along the shore 
of the Pacific. As to the land adjoining the sea-coast, 
it is principally under private ownership, as is also that 
around the Bay of San Francisco, but in the great 
valley of the Sacramento very little is taken up, and 
in the valley of the San Joaquin, none at all. 

1 I have before me a manuscript copy oi part of Mr. Larkin's corre- 
spondence, giving information concerning California affairs as they 
were in 1844-45. 

The papers were given to me by Mr. Larkin himself in Monterey in 
1849. 

They contain a description of the country, an account of its political 
state, and notes relative to the political leanings of some of its promi- 
nent citizens. 

Of those living in San Diego, he mentions Jos6 Antonio Aguirre, 
Henry D. Fitch, and John Warner. 

In Los Angeles — Abel Stearns, Juan Bandini, Pio Pico, Jos6 Carrillo, 
Manuel Requeue, Henry Dalton, Luis Vigne. 

In Santa Bdrhara^— Jos6 de la Guerra, Carlos Castro, Joaquin Ortego. 

In Mission San Luis — Mariano Bonillo, William Dana, Isaac Sparks, 
Luis T. Burton. 

In Monterey — Pablo de la Guerra,William E. P. Hartnell, Manuel Diaz, 
Jos6 Abrigo, Estdben Monras, Salvador Monras, Jos6 Amisti, Antonio 
Oslo, Francisco Pacheco, Juan Auzar, Joaquin Gomez, Manuel I. Castro, 
Francisco Rico, James Watson, Jos6 Castro, Juan B. Alvarado, David 
Spence, Jos6 Juan Pico, Charles Walters, Jos6 BolcoS, Raphael Juan Jos6. 

In San Jos6 — Antonio Sunol, Charles W. Flugge, Carlos Castro, John 
Marsh, William Fisher. 

In Yerba Buena— William A. Leidesdorff, William Richardson, Fran- 
cisco Guerrero, Timothy Murphy, Antonio Juan Jos^, Joaquin Victor, 
Alvino Castro, Mariano G. Vallejo, Salvador Vallejo, Jacob P. Leese, Victor 
Prudon, Eliab Grimes, John Bidwell, John A. Sutter, Stephen Smith, 
Henry Melius, W. D. M. Howard. 



The Transition Period of California. 11 

"Farms in these valleys, and indeed in the coast 
region, cannot be safely cultivated, because of their 
exposure to Indian raids, and there is no mihtary 
force in the country able to prevent them. 

"Of the foreigners in California, three fourths are 
Americans, and of the remaining fourth, one half is 
English, many of whom are expecting to come under 
the government of the United States, and all of them 
would prefer this, rather than that things would re- 
main as they are. 

" A majority of the immigrants are from the Western 
states, consisting of farmers, mechanics, and general 
laborers, together with some young men from New 
England and the middle states, who leave home to 
seek their fortunes in a foreign country.! 

" Politically, California is at present ruled by two 
men, — Pio Pico, the governor, who resides in Los An- 
geles, at the south, and Castro, the military chief, who 
resides in Monterey, in the north. In the latter place 
is the custom-house, the only money resource of the 
country, and the governor and the general cannot 
agree as to the division of the funds. Hence they are 
at enmity, and are all the time suspicious of each 
other. 

"If Mexico should send a military force with author- 
ity to supersede them, and they could be agreed, they 
could bring into the field from eight hundred to a 
thousand men, who would continue under arms a 
month, whether paid or not. 

"If Pico and Castro were united, they could at pres- 
ent raise a force of some three or four hundred of their 
countrymen in expelling the immigrants, but they can- 
not unite in anything. 



12 The Transition Period of California. 

"A constant dread of political changes, the arrival 
of some new authority from Mexico, the overtlirow 
of those in power, or some internal revolution, keeps 
the country in a continual state of disturbance, and al- 
ways in debt. Those only who live by absence of law 
flourish under the present aspect of affairs. 

"Many foreigners now hold land under the expecta- 
tion that the flag of the United States will be hoisted 
here, and this idea already increases the value of land 

" Some of the Californians are quietly waiting for this 
change^ some are indifferent about it, and others 
are opposed to it. A year or two's experience of United 
States control, giving these people an opportunity 
of knowing their own safety, both of person and prop- 
erty, the extreme cheapness of goods to counterbalance 
the extravagant prices now paid, an increased and con- 
stant market for their produce, and the circulation of 
gold and silver to meet the wants of business, would 
reconcile them all to the new order of things. 

"They are especially in need of a government able to 
protect them from the Indians, who range at will the 
whole territory, except the little strip along the coast, 
and even that is exposed to their frequent raids. 

"With a stable government and an industrious race 
of inhabitants. Upper California could supply all 
the Polynesian islands, San Bias, Mazatlan, Acapulco, 
and the northwest coast with wheat, beans, peas, flour, 
tallow, butter, cheese, pork, beef, bacon, salmon, sar- 
dines, horses, mules, spars, boards, shingles, staves, 
and vessels; and with sufiicient capital will have from 
her own mines gold, silver, lead, sulphur, coal, and slate. 
It has, perhaps, the largest quicksilver mines in the 



The Transition Period of California. 13 

world, actually having mountains with veins of ore, 
extending for leagues, producing over twenty per cent 
of quicksilver, with but very little expense for outj&ts. 

" The magnificent waters of San Francisco Bay could 
harbor all the vessels this day afloat in the world! 

" Furthermore, as to commerce. The Boston traders 
generally have two vessels upon the coast at the same 
time. 

"After collecting hides, etc., in company for twelve 
or eighteen months, one of them returns home, leaving 
the other until a fresh ship relieves her. 

" By this means they keep the work of collecting hides 
constantly going on. The vessels return home to Bos- 
ton with from twenty to forty thousand hides, the 
owner expecting about one hide to each dollar invested 
in cargo, disbursements, wages, and value of vessel. 

"The average of duties received in the seven years 
ending with the year 1845 was eighty-six thousand 
dollars a year, and in 1844 the receipts from American 
vessels were more than three times as much as from 
those of all others put together. 

" There are no Mexican vessels in California, owned 
by Mexicans or Californians. 

"They are owned by foreigners naturalized in the 
country. 

" The laws of Mexico are but little respected, and are 
observed only when it is for the interest of those 
concerned. 

" Not much regard is paid to the tariff, the collector 
at Monterey imposing such duties on many articles 
as he considers requisite at the time. 

"Although it is against the laws of Mexico, the gov- 



14 The Transition Period of California. 

ernor of California has allowed the coasting trade from 
San Diego to San Francisco to all foreign vessels that 
have paid their duties at Monterey. 

" Very imperfect accounts of custom-house funds 
ever go to Mexico from the present authorities, — per- 
haps none whatever. Not a real is ever sent to Mexico, 
nor does the supreme government ever make requisitions 
on this department for funds to be sent to the gen- 
eral treasurer. 

"In the valley of the Sacramento is the unique estab- 
lishment of Captain Sutter. To protect his settlement 
from the Indians, he has built a fort one hundred yards 
long and sixty yards wide, surrounded by thick and 
high adobe walls, inclosing all the workshops and 
houses, and having large gates, which, when closed, give 
security against Indians or any ordinary hostile attack. 

" The establishment consists of farmers, blacksmiths, 
carpenters, shoemakers, saddlers, hatters, tanners, coop- 
ers, weavers, and gunsmiths, and is of the utmost im- 
portance to immigrants on their first arrival in Cali- 
fornia. 

" Captain Sutter is a man well informed, of sanguine 
temperament, and has influence over a greater part of 
the people of the Sacramento Valle5^ 

" He lives in expectation of this country's coming, 
ere long, under the flag of the United States." 

As I have said, this was the kind of information 
concerning California which was placed before the 
government at Washington in the years 1844-45, but 
it was confidential, and none of it was published. 

At the same time, the report of Colonel Fremont's 



The Transition Period of California. 15 

second exploring expedition was put in print and placed 
before them, which dispelled many erroneous ideas con- 
cerning the geography of the country between the Mis- 
souri River and the Pacific Ocean. In this expedition 
Colonel Fremont came into California, across the Sierra 
Nevada, arriving at Sutter's Fort on the 8th of March, 
1844. 

Without visiting the coast or the Bay of San Fran- 
cisco, he pursued his course southward along the San 
Joaquin River, and took his way eastward and home- 
ward by way of Walker's Pass, arriving at St. Louis in 
August, 1844. There was no unnecessary delay in pub- 
lishing his report and adding it to all the information 
about California that had been previously obtained.^ 

It was singular that this information came before 
the public just at the time when the Mormon commu- 
nity was being expelled from Illinois, and was seeking 
for some place on the continent to which they could 
remove and be beyond the operation of United States 
law. 

Their leaders evidently conceived the idea that Cali- 
fornia was the country for them.^ 

1 "The completed report of the journey was given in on March 1, 1845, 
and ten thousand copies of the first and second report ordered by Con- 
gress." — FrhnonVs Memoirs, p. 415. 

2 At the time the Mormons were hard pressed in Nauvoo, they were 
in correspondence with a contingent in New York about going West in 
the spring. And now it was that they fixed their eyes on the Pacific, 
and conceived the design of planting a colony on its shores, and thither 
transferring their seat of temporal power. 

In the Sacramento Union of September 11, 1866, is an article three col- 
umns and a half in length, written by a correspondent i intimately in- 
formed of the facts touching the purposes of the expedition. The writer 

1 This " correspondent," as I have learned, was E. C. Kemble, a passen- 
ger from New York, in 1846, by the Mormon ship Brooklyn, coming as 
compositor for their proposed newspaper. 



16 The Transition Period of California. 

So, in the emergency, their plan evidently was to 
reach it by both land and water. 

A small pioneer company started for Salt Lake early 
in 1846 and arrived there in the month of July. 

On the 4th of February preceding, the ship Brook- 
lyn sailed from New York, with 238 men, women, and 
children on board, bound for San Francisco Bay. 

This was not announced as their destination while 
the ship was lying at the wharf in New York, for they 
ran up "Oregon" at the masthead. 

On board were supplies of every kind requisite for 
planting a colony, together with arms with which to 
defend themselves in case of necessity. There were 
plows and other agricultural implements, flour-mill 
machinery, a printing-press, and compositor, types, 
and a stock of paper. 

After a five-months' voyage, the Brooklyn touched at 

says: " What magnificent visions of future empire, of independent sov- 
ereignty, of territorial as well as spiritual conquests, dazzled their west- 
ward prophetic gaze will probably never be fully understood, for the 
reason that the subsequent frustration of their plans and an unforeseen 
destiny compelled them to cast their lot by the shores of Salt Lake in- 
stead of the Pacific." 

At the time of which I write, the Mormons were actively planning a 
march westward for the occupation of the region then known as the 
Mexican province of Alta California. 

The colony going by sea in the Brooklyn was only the vanguard of a 
great army of Mormons to be set in motion in the following spring, des- 
tined to the Bay of San Francisco. 

But this was a secret. It did not transpire till some time after the 
arrival of the Brooklyn at San Francisco. 

Then it came out that this colony was designed by the Nauvoo author- 
ities to unfurl the standard of the Prophet on the shores of the Pacific. 

They learned with dismay at Honolulu that the seizure of California 
by the United States was immediately to take place. 

A Honolulu paper said at the time, "So far as we are able to learn, 
California is now to be the grand central rendezvous of the Mormons, 
while the beautiful region round the Bay of San Francisco is the chosen 
spot where the Latter-Day Saints propose to settle." 



The Transition Period of California. 17 

Honolulu on June 20, 1846, and remained ten days. 
The United States ship-of-war Congress was there at 
the time, and through Commodore Stockton it became 
known that it was nearly certain that on his arrival 
at Monterey the United States flag would be raised 
and California taken possession of.^ 

The Congress reached Monterey on July 15, 1846, 
and found that Commodore Sloat, of the United States 
ship Savannah^ had already raised the flag there, and 
had taken possession of the country just one week 
before. 

The Mormon ship Brooklyn followed, arriving at San 
Francisco two weeks later, casting anchor on July 31, 
1846. 

It is a somewhat singular coincidence that the over- 
land emigrants reached Salt Lake on July 24th, just 
one week earlier than the arrival at San Francisco of 
those who came around Cape Horn in the Brooklyn, 
and both parties unexpectedly found themselves still 
under the flag of that "wicked nation" from which 
they were trying so hard to escape.^ 

It is not easy to imagine what embarrassing com- 
plications might have resulted if the Mexican War had 
not taken place when it did. At any rate, it was a very 
narrow escape of California from the interference of a 
power that the experience of later years has taught us 
is not to be held in light esteem. 

At this very time there was another colonization 

1 " At Honolulu we received Mexican papers announcing the begin- 
ning of hostilities between the Mexicans and the forces of the United 
States." — Walter Colton, Chaplain of the Congress, in Deck and Port. 

2 On November 8, 1845, Orson Pratt explained the plan of emigration, 
en masse, beyond the limits of this wicked nation. 



18 The Transition Period of California. 

scheme ^ maturing in quite another part of the world, 
having in view a settlement in California. 

Its principal agent was Eugene MacNamara, an Irish 
Catholic priest. 

Early in the year 1845 he asked the government at 
Mexico for a grant of land in California for an Irish 
Catholic colony. 

In his application he represented that the Irish were 
well adapted by their religion, character, and tempera- 
ment to colonize a province of Mexico. 

He stated that the enterprise had in view three 
things: first, to advance Catholicism; second, to promote 
the interests of his countrymen; and third, to place an 
impediment in the way of the spread of an irreligious 
and anti-Catholic nation. 

In case he should receive the necessary grant of land, 
he promised to bring, in the shortest possible space of 
time, two thousand families, and there would be more 
to follow. 

His final petition asked for the land situated between 
the river San Joaquin and the Sierra Nevada. 

In his enterprise he had the powerful support of the 
Archbishop of Mexico. 

As is always the case in such matters, there were 

1 Fremont's Memoirs, vol. 1, p. 550. 

This is a very full account of this colonization plan. 

After describing it, Mr. Fremont says: "The Mexican archives, com- 
prehending the titles to lands in California, were taken possession of by 
me, and among them the grant to MacNamara. This, with the docu- 
ments relating to it, I delivered to the government at Washington. 

" We cannot fail to sympathize with the grief of a mind which had 
conceived a project so far-reaching, and which had experienced the 
shock of overthrow in the moment of its complete success." 

When we remember MacNamara's nationality, there seems to be some 
significance in Mr. Fremont's further statement, that, " after the wreck of 
his hopes, Father MacNamara left California in Admiral Seymour's [Eng- 
lish] flagship, the ColUngwood. 



The Transition Period of California. 19 

hindrances and delays, and though his project was 
favorably considered, there was hesitation. 

Becoming impatient, MacNamara urges immediate 
action.^ 

"Your Excellency knows too well," said he, in his 
appeal to the President, ''that we are surrounded by a 
vile and skillful enemy, who loses no means, however 
low they may be, to possess himself of the best lands of 
that country, and who hates to the death your race 
and your religion. 

"If the means I propose to you are not promptly 
adopted, your Excellency may rest assured that be- 
fore a year the Californias will form a part of the 
American Union." 

Having the desired encouragement in Mexico, he 
came to California, arriving at Santa Barbara on the 
20th of June, 1846. 

He immediately submitted his plans to Governor 
Pio Pico, by whom they were approved and referred 
to the departmental assembly. 

Upon the 7th of July, that body gave its approval 
of the plan, referring it back to the governor for con- 
summation. But it was too late! 

On the morning of that very day the flag of the United 
States was hoisted at Monterey, and no more land grants 
were ever executed under the authority of Mexico. 

The existence of these schemes for the colonization 
of California shows most clearly the widespread inter- 
est in the country at that time, both at home and 
abroad, and explains the anxiety of the United States 
government that the right opportunity for acquiring 
it should by no means be missed. 

1 FrimonVs Memoirs, vol. 1, p. 552. 



CHAPTER III. 

Approach of the Mexican War — Notification of the Navy on the Pacific 
— Secretary Bancroft's Dispatch of June 24, 1845— The Opening of the 
War on the Eio Grande in 1846 — News Reaches Commodore Sloat at 
Mazatlan — His Uncertainty — Sails to Monterey — Hears of Fremont 
and the Bear Flag — Is Perplexed, but Raises the United States Flag, 
July 7, 1846. 

In the year 1845, things were evidently fast ap- 
proaching a crisis. 

The administration, however, determined to acquire 
California by peaceful measures, if possible. At the 
suggestion of Secretary of State Buchanan, Mr. Slidell 
was sent to Mexico, authorized to negotiate for its ac- 
quisition by purchase, if possible. But Mexico, hav- 
ing just lost Texas, was in no mood to treat with 
the United States on any matter, much less concerning 
parting with any more territory! So our envoy 
extraordinary and minister plenipotentiary was not 
even received and there ended the attempt at negoti- 
ation. 

Then it was evident that war with Mexico was im- 
minent. 

At that time there were several ships of our navy 
on or near this coast, but it took four or five months, at 
least, to communicate with them from Washington. 
So Secretary of the Navy George Bancroft sent a dis- 
patch ^ to Commodore Sloat, who was then at Maza- 

1 June 24, 1845. Secretary George Bancroft to Commodore Sloat 
(secret and confidential) : — 

" Your attention is still particularly directed to the present relations 
between this country and Mexico. It is the earnest desire of the Presi- 

20 



The Transition Period of California, 21 

tlan, and was in command of them all, informing him 
of the possibility of the breaking out of war with Mex- 
ico, and directing him to hold his forces in readiness, 
as soon as he should learn of the occurrence of hostili- 
ties or the declaration of war, to take possession of San 
Francisco, and of the ports along the coast of California. 

This dispatch was dated June 24, 1845, very nearly 
a year before the opening of the war, and was sent by 
way of Panama, and if there was no delay in its trans- 
mission, it reached him in the early fall of that year. 
It was followed by another, of still greater urgency, 
dated August 5, 1845, and still another, dated October 
17, 1845, and by another, dated February 23, 1846, 
sent overland through Mexico. 

The period of time occupied by this correspondence, 
it will be observed, covers nearly the entire year imme- 
diately preceding the breaking out of the Mexican War.^ 

dent to pursue the policy of peace, and he is anxious that you and every 
part of your squadron should be assiduously careful to avoid any act 
which could be construed as an act of aggression. Should Mexico, how- 
ever, be resolutely bent on hostilities, you will be mindful to protect the 
persons and the interests of citizens of the United States near your sta- 
tion; and should you ascertain beyond a doubt that the Mexican gov- 
ernment has declared war against us, you will at once employ the force 
under your command to the best advantage. . . . 

" If you ascertain with certainty that Mexico has declared war against 
the United States, you will at once possess yourself of the port of San 
Francisco, and blockade or occupy such other ports as your force may 
permit. . . . You will be careful to preserve, if possible, the most friendly 
relations with the inhabitants, and where you can do so, you will en- 
courage them to adopt a course of neutrality." — Cui<s, p. 252. 

1 James K. Polk became President, March 4, 1845, and appointed on 
his Cabinet, James Buchanan, Secretary of State, William L. Marcy, Sec- 
retary of War, and George Bancroft, Secretary of the Navy. 

Secretary Bancroft sent the order to the navy on the Pacific, in the 
event of war with Mexico, to take immediate possession of the ports of 
California and hold them. He was foremost in acquiring the country. 
He was not less distinguished as a statesman than as a historian. 



22 The Transition Period of California. 

At length the war opened with the battle of Palo 
Alto and Resaca de la Palma, on the Rio Grande, on 
the 8th and 9th of May, 1846. 

The news flew with swiftness across Mexico, and 
was the theme of excited talk in all public places. 

Just then Dr. W. H. Wood, fleet surgeon of Com- 
modore Sloat's squadron, had received permission to 
return home, and took the route through Mexico, ac- 
companied by Mr. Parrott, United States consul at 
Mazatlan. They arrived at Guadalajara on May 
10th, and found the town in a high state of agitation 
arising from the war rumors. The Mexican papers 
gave exaggerated accounts of what had occurred on 
the Rio Grande, and the feelings of the people were 
highly excited. 

Dr. Wood immediately wrote a dispatch, gi\ing the 
news as he heard it, and sent it back, under cover from 
Consul Parrott, to Commodore Sloat at Mazatlan.^ 

The messenger was induced to promise all possible 
speed, and he actually did ten days' work in five, de- 
livering his dispatch to Commodore Sloat on May 17, 
1846.^ On the 18th, Commodore Sloat sent the Cayene 
to Monterey with a letter to Consul Larkin, marked 
" Strictly confidential," telling him of the news of hos- 
tilities on the north bank of the Rio Grande, and say- 
ing to him: — 

" It is my intention to visit your place immediately, 
and from instructions I have received from my gov- 
ernment, I am led to hope that you will be prepared 
to put me in possession of the necessary information, 

1 McWhorter's Historical Paper before the New York Historical Society. 

2 Bancroft's History, vol. 22, p. 191. 



The Transition Period of California. 23 

and consult and advise with me on the course of op- 
erations I may be disposed to make on the coast of 
Cahfornia. I shall call at Monterey first, and hope 
to be there as soon as this, which goes by the CayeneP 

But Commodore Sloat, for some reason, changed his 
mind, and remained at Mazatlan, notwithstanding the 
very specific directions of Secretary Bancroft. 

On May 31st, fourteen days after he received the 
dispatch sent by Dr. Wood, telhng him of the flying 
rumors of the commencement of hostilities, the news 
of General Taylor's battles on the 8th and 9th of May 
came, confirming the rumors. 

He did not then sail for Monterey, but sent the Le- 
vant, and wrote to the Secretary of the Navy: "I have 
received such intelhgence as I think will justify me in 
acting upon your order of June 24, 1845, and shall sail 
immediately to see what can be done." 

On the 5th of June, he received still further particu- 
lars, with the added fact that Matamoras had been 
captured and occupied. 

On the next day he wrote to Secretary Bancroft : — 

"I have, upon more mature reflection, come to the 
conclusion that your instructions of June 24, 1845, 
and every subsequent order, will not justify my tak- 
ing possession of any port of California, or any hostile 
measures against Mexico (notwithstanding their attack 
on our troops), as neither party have declared war. 

" I shall therefore, in conformity with those instruc- 
tions, be careful to avoid any act of aggression until I 
am certain one or the other party have done so, or un- 
til I find that our squadron in the Gulf have com- 
menced offensive operations." 



24 The Transition Period of California. 

But again he changed his mind, and writes to the 
Secretary of the Navy: — 

"These hostihties I considered would justify my 
commencing offensive operations on the west coast. I 
therefore sailed on the 8th of June, 1846, for the coast 
of California, to carry out the orders of the department 
of the 24th of June, 1845, leaving the Warren at Ma- 
zatlan to bring dispatches." 

Leaving Commodore Sloat on his way to Monterey 
in the Savannah, we may judge of the great anxiety 
felt at Washington at this critical time, when we read 
the dispatch written to him on May 13, 1846, four 
days after General Tajdor's battles.^ 

" Commodore : The state of things alluded to in my 
letter of June 24, 1845, has occurred. You will there- 
fore now be governed by the instructions therein con- 
tained, and carry into effect the orders then commu- 
nicated with energy and promptitude, and adopt such 
other measures for the protection of the persons and 
interests, the rights and the commerce, of the citizens 
of the United States as your sound judgment may 
deem to be required. . . . Commending you and your 
ships' companies to Divine Providence, 
"I am, respectfully, 

"Your obedient servant, 

"George Bancroft." 

It is obvious to us now how sorely the stimulus of 
this dispatch was needed by the Commodore, but, un- 
fortunately, months must pass before he could receive 
it, and the all-important decision must be made before 
that time. 

1 Cutts's Conquest, p. 253. It was on this same day on which this letter 
was written that President Polk declared war with Mexico. 



The Transition Period of California. 25 

It actually awakens feelings of solicitude in us even 
now, to read of any hesitancy and delay here, when it 
was so liable to lose us so large and choice a portion of 
the continent. 

From the "log" of the United States frigate Savan- 
i, Commodore Sloat, we extract the following: — 



"June 7, 1846. 
" News received of the blockade of Vera Cruz by the 
American squadron. 

"At 2 P.M. got under way for Monterey, California." 

"July 1st. 
"Stood into the harbor of Monterey, and came to 
anchor at 4 p.m., in front of the town. Cayene and 
Levant in port. 

" July 2d. 
"Thomas 0. Larkin, United States consul, made a 
long call. 

"July 3d. 
" Called upon the authorities. 

" July 4th. 
"Ship dressed; salute fired. 

"July 5th. 
" Divine service. 

" July 6th. 
"Mr. Larkin spent the day on board, preparing 
proclamations, etc., for taking possession of California 

to-morrow. 

"July 7th. 
"7 a.m. Landing forces; took possession; hoisted 
flag." 



26 The Transition Period of California. 

And so the decisive deed was done! 

But it was not done without much hesitation. 

Mr. Larkin was strongly of the opinion that the 
California authorities would voluntarily put them- 
selves under the protection of the United States, if 
they could have a couple of weeks' time to come to an 
agreement. 

And we remember how constantly the government 
at Washington had been urging on Mr. Larkin a con- 
ciHatory policy toward the Californians. Further- 
more, Commodore Sloat must have remembered that a 
messenger — Lieutenant Gillespie, from the government 
at Washington — reached him at Mazatlan, with au- 
thority to ask of him immediate transportation to Cal- 
ifornia, and that on February 22, 1846, he had sent 
him forward in the Cayene, but did not know what 
orders he carried, or what bearing they had on the 
present situation. 

Moreover, near the end of March, news of Colonel 
Fremont's trouble with Castro in California reached 
him at Mazatlan, from Monterey, whereupon, on April 
1st, he sent the Portsmouth to San Francisco. 

And now, on reaching California himself, he hears 
that Colonel Fremont with his surveying party is in 
the Sacramento Valley, and that a party of "settlers" 
is gathered around him, and that, apparently under his 
authority, some officers and citizens of the Mexican 
government have been taken captive and imprisoned ! 

This had occurred only about two weeks before, and 
the facts were then only imperfectly understood in 
Monterey. What could it all mean? Had Colonel Fre- 
mont authority to do this? Mr. Larkin could not tell. 



The Transition Period of California. 27 

No one knew. But it was to be presumed that he 
would not begin actual war without authority. 

And ought he to land his marines and take posses- 
sion of the country without knowing under what orders 
Colonel Fremont was acting? 

It is not strange that Commodore Sloat was per- 
plexed. A man of much more decision of character 
than he would be thrown into uncertainty in like cir- 
cumstances. 

It is hardly surprising that even under the positive 
orders of June 24, 1845, he delayed an entire week after 
he arrived at Monterey before raising the flag. Fi- 
nally, saying, in his perplexity, "I would prefer being 
sacrificed for doing too much than too little," he gave 
orders for the lowering of the Mexican flag, and the 
raising of the flag of the United States in its place, 
which was done with proper ceremony on July 7, 1846. 



CHAPTER IV. 

The Government's Plan for the Conquest of California — Dispatch to 
Commodore Sloat, of the Navy, June 3, 1846 — Orders given to General 
Kearny, of the Army, same date — Kearny, with the "Army of the 
West," Reaches Santa r6 — Proceeds with Three Hundred Dragoons 
to California — On October 6th, Meets Kit Carson on his way to Wash- 
ington with News of Conquest of California Accomplished — Turns 
back Two Hundred of his Dragoons — Advances with One Hundred — 
Suffers at San Pasqual — Reaches San Diego, December 12, 1846. 

Right here is as good a place as any to give the out- 
line of " the plan of campaign" decided on by the ad- 
ministration at Washington in 1846 for the conquest 
of California, because, on account of the great distance 
of this coast from Washington, this government plan 
was materially interfered with. 

On tracing that plan from its inception, the point 
where the interference took place will clearly appear, 
as well as who were the parties responsible for it. 

As we have seen, orders were sent in 1845 to the 
commanders of the Pacific squadron, directing them 
how to proceed in case they should ascertain that war 
had broken out with Mexico. 

Next after taking possession of the ports and hold- 
ing them, they were directed again and again to main- 
tain as friendly relations with the inhabitants as pos- 
sible, and this injunction is repeated in every official 
communication.^ 

1 Secretary Bancroft to Commodore Sloat : — 

" Washington, June 8, 1846. 

" Commodore: ... It is rumored that the province of California is 

well disposed to accede to friendly relations with the United States. 

You will encourage the people of that region to enter into relations of 

amity with our country. In taking possession of their harbors, you will, 

28 



The Transition Period of California. 29 

The plans of army movements were equally ma- 
tured, and ready to be put in instant execution upon 
the occurrence of hostilities. 

They began on the Rio Grande on the 8th and 9th 
of May, 1846. 

The existence of war with Mexico was recognized by 
the act of Congress of May 13, 1846. 

At once the ''Army of the West" was organized, to 
be commanded by Gen. S. W. Kearny, with the object 
of "taking the earliest possible possession of Upper 
California." 

General Kearny was educated at Columbia College, 
and had had long experience in army life, especially 
in frontier service and military expeditions in the 
Indian country. In them he acquired a knowledge of 
the resources of Western life and of the physical features 
of the country through which he must pass, and these 
all-round qualifications pointed him out to the President 
as the man to lead this most important expedition.^ 

if possible, endeavor to establisli the supremacy of the American flag 
without any strife with the people of California. 

" If California separates herself from our enemy, the central Mexican 
government, and establishes a government of its own under the auspices 
of the American flag, you will take such measures as will best promote 
the attachment of the people of California to the United States, will ad- 
vance their prosperity, and will make that vast region a desirable place 
of residence for emigrants from our soil. 

" You will bear in mind, generally, that this country desires to find in 
California a friend, and not an enemy; to be connected with it by near 
ties; to hold possession of it, if possible, with the consent of its inhabi- 
tants." 

1 The Secretary of War to General Kearny (confidential) : — 

" Washington, June 3, 1846, 

"It has been decided by the President to be of the greatest impor- 
tance in the pending war with Mexico to take the earliest possession of 
Upper California. An expedition with that view is hereby ordered, and 
you are designated to command it. . . . 

"It is expected that the naval forces of the United States which are 



30 The Transition Period of California. 

" Preparations were pushed forward with the utmost 
vigor. Ordnance, subsistence, near a thousand mules 

now, or soon will be, in the Pacific will be in possession of all the towns on 
the sea-coast, and will co-operate with you in the conquest of California. 

"Should you conquer and take possession of New Mexico and Upper 
California, or considerable places in either, you will establish temporary 
civil governments therein. 

"It is foreseen that what relates to the civil government will be a 
difl&cult and unpleasant part of your duty, and must necessarily be left to 
your own discretion." 

The Secretary of the Navy to Commodore Sloat : — 

" Washington, May 15, 1846. 

"... You will consider the most important public object to be to 
take and to hold possession of San Francisco, and this you will do with- 
out fail." 

To Commodore Shubrick: — 

" Washington, August 17, 1846. 

"... The relations to be maintained with the people of Upper Cali- 
fornia are to be as friendly as possible. 

" The flag of the United States must be raised, but under it the people 
are to be allowed as much liberty of self-government as is consistent 
with the general occupation of the country by the United States. 

"... The President expects and requires the most cordial and effec- 
tual co-operation between the oflScers of the two services in taking pos- 
session of and holding the ports and positions of the enemy which are 
designated in the instructions to either or both branches of the service, 
and will hold any commander of either branch to a strict responsibility 
for any failure to preserve harmony and secure the objects proposed." 

To Commodore Stockton (confidential) : — 

" Washington, November 5, 1846. 

"... The Secretary of War has ordered Col. R. B. Mason to pro- 
ceed to California via PanamA, who will command the troops and con- 
duct the military operations in the Mexican territory bordering on the 
Pacific, in the absence of General Kearny. The commander of the naval 
forces will consult and co-operate with him in his command. . . . 

" The President has deemed it best for the public interest to invest 
the military officer commanding with the direction of the operations on 
land and with the administrative functions of government over the 
people and territory occupied by us. You will relinquish to Colonel 
Mason or General Kearny, if the latter shall arrive before you have done 
so, the entire control over these matters, and turn over to him all papers 
necessary to the performance of his duties. 

"... The President directs me to impress most earnestly on the 
naval officers, as it is impressed on those of the army, the importance of 
harmony in the performance of their delicate duties while co-operating." 



The Transition Period of California. 31 

for draught, several hundred horses for the ordnance 
and for mounting the dragoons, at least three hun- 
dred wagons, baggage trains, etc., and other stores in 
proportion, were collected in June." 

By the last days of June all was in readiness, and 
the trumpet sounded for movement. The long train 
took up its line of march westward from Fort Leaven- 
worth, — first, to Santa Fe, New Mexico, and then to 
California. The march was so arranged that the suc- 
cessive battalions, stock, animals, trains, etc., might 
not interfere with the subsistence, foraging, and ce- 
lerity of the march. 

In fifty days, after a march of nine hundred miles, 
Santa Fe was reached, and the large Mexican force 
estimated at four thousand, had fled. Possession was 
taken of the whole of New Mexico for the United 
States. 

Without unnecessary delay. General Kearny prepared 
to proceed on his way to California, — a march of a 
thousand miles, a great portion of which was desert. 

His command, consisting of three hundred United 
States dragoons, was all mounted on mules, and the 
wagons were drawn by the same hardy animals. 

On September 25, 1846, he set out on his long jour- 
ney. Having passed Albuquerque, on the 6th of Oc- 
tober they met an express, direct from California, with 
a mail of public letters for Washington. 

From Mr. Carson, the messenger, he learns that, in 
July, Commodore Stockton with the naval force, and 
Colonel Fremont acting in concert, commenced to 
revolutionize the country and place it under the 
American flag; that in the space of two weeks the 



32 The Transition Period of California. 

work was done, and Mr. Carson was dispatched with 
a party to carry the news across the continent by way 
of the Gila, and deliver the mail to the government at 
Washington. 

Trusting to the accuracy of this information, General 
Kearny issued an order reducing his command from 
three hundred to one hundred men, and sent two hun- 
dred for service farther south in Mexico. 

For if the conquest of California was already com- 
plete, one hundred dragoons, together with reinforce- 
ments which he knew he would soon have, would be 
amply sufficient to keep the peace. 

But the news which led him to thus reduce his force 
turned out to be premature. It was sent too soon. It 
was intended for Washington; but by accident falling 
into his hands just when it did, it led him to make a 
very costly mistake. We shall see how this came about, 
a little later. 

The march across the desert was now one of severe 
hardship. For lack of water and grass, a great many 
animals gave out, and had to be left behind; but the 
command pressed on through October and November, 
and into December, when they were nearing California. 

On the second day of the latter month, they met 
some Californians escaping out of the country. From 
them they learned that the war was by no means over ! 
They were told that hostile parties of rancheros were 
to be found in every quarter. 

This intelligence was far from welcome to them in 
their reduced condition. They were few in number, 
weary and worn by a long desert march; their animals 
that got through at all were weakened and disabled; 



The Transition Period of California. 33 

and now, instead of entering a country subdued and 
at peace, as they had been led to expect, they must 
confront hostile forces of unknown strength. 

They were now, on December 5, 1846, within about 
fifty miles of San Diego. During the night they as- 
certained that an armed, well-mounted party of Cali- 
fornians was at San Pasqual, a few miles in front of 
them. General Kearny at once determined to march 
and attack them by daybreak. 

The charge was made on the morning of December 
6th, and was successful, though made, as it was after- 
wards learned, against a well-prepared enemy of twice 
their number. But the victory was gained at great 
cost. Some fifteen or more lives were lost, and many 
were wounded, among whom was General Kearny him- 
self. 

At that time Commodore Stockton was at San Diego, 
having landed his marines, and was preparing to march 
them north to retake Los Angeles, which was the strong- 
hold of the hostile Californians. 

As soon as he learned of the arrival of General 
Kearny and his men, and of their unfortunate encoun- 
ter with the enemy, he dispatched a party of sailors 
and marines to their assistance, and on the 12th of 
December, 1846, they reached San Diego. 

This unfortunate affair, it will be noticed, was in 
consequence of the premature news of an accomplished 
conquest, sent East by express, which met General 
Kearny, and induced him to reduce his force from 
three hundred to one hundred men, and so exposed 
him to this disaster. 

It does not seem to have been in consequence of a 



34 The Transition Period of California. 

mis judgment on his part, but rather of a too hasty 
report of a conquered peace sent forward by Commo- 
dore Stockton and Colonel Fremont. 

In reducing his number of men from three hundred 
to one hundred on the march, he relied not only on 
the glowing peace dispatch carried by Mr. Carson, but 
on the support of additional troops on the way, and 
very soon to arrive, belonging to the " Army of the 
West." There was the Mormon Battalion, that was 
coming overland, and its arrival was looked for at that 
very time. And then the transport ship Lexington, 
which was on the way around Cape Horn, was nearly 
due, with artillery, ordnance stores, and supplies in 
abundance. And soon to follow were the transport 
ships bringing Stevenson's Regiment, consisting of a 
thousand men, with all needed military stores. 

In addition to all this was the force of American 
settlers living north of the Bay of San Francisco and 
in the Sacramento Valley, which the authorities in 
Washington had heard could be enlisted to serve in 
upholding the flag in California. These also were 
counted as a part of the force to be enlisted and to 
serve under General Kearny. 

All these details go to show how well laid and well 
timed the plans of the administration were for the 
accomplishment of the conquest of California. The 
concentration of so irresistible a force by sea and land 
would have prevented any show of resistance on the 
part of the native forces, and in all probability would 
have given us the country without the shedding of a 
drop of blood. 



CHAPTER V. 

" The Government Plan" Interfered with — History of the Interference 
— Colonel Fremont and his Surveying Party, 1846— Is Ordered to 
Leave — Goes North to Oregon Line — Lieutenant Gillespie, from 
Washington, Reaches Him — Fremont and Party Return to Sacra- 
mento Valley — Settlers Gather at his Camp— Vallejo and Others 
Captured at Sonoma and Imprisoned at Sutter's Fort — The Bear 
Flag — The Bear Flag Battalion on the American Fork — News of 
Commodore Sloat at Monterey and Raising of the Flag — Fremont 
and Battalion reach Monterey — Commodore Sloat leaves, and Com- 
modore Stockton takes Command. 

But the plan of the government was interfered with 
before its complete accomplishment, by an unforeseen 
agency originating here in California itself, and under 
our own flag. And this agency needs here to be de- 
scribed. It was that of Col. J. C. Fremont, who 
was here at the time with his surveying party of sixty- 
two mounted and well-armed men and about two 
hundred horses. He wished, in the winter of 1845-46, 
to bring his party into the settlements in order to refit 
and obtain supplies. 

Going himself to Monterey, he visited the proper 
authorities with United States Consul Larkin, and 
asked the liberty he needed. It was readily granted, 
and during his two days' stay in Monterey he was 
treated with every courtesy. By the middle of Feb- 
ruary, 1846, his party was together in the valley of 
San Jose. 

But whether on account of friction with the resi- 
dents and the local authorities, or because of strin- 
gent orders just received from Mexico, now getting 



36 The Transition Period of California. 

very jealous of foreigners in any part of her terri- 
tory, as he was moving with his party toward the San 
Joaquin Valley he received a very peremptory order 
to leave the department, and force was threatened if 
it was not instantly obeyed P Very much astonished, 
and not a little irritated, he halted for a few days to 
let it be known that he was not to be driven, and then 
took his way leisurely northward toward Sutter's Fort, 
and thence up the valley of the Sacramento toward 
Oregon. 

But there was more in Colonel Fremont's mind at 
that time than could be known to others. 

Before he left Washington in May, 1845, to conduct 
this survey, he became acquainted with the expecta- 
tion of the government that war with Mexico was in- 
evitable. 

His father-in-law, Colonel Benton, was chairman of 
the Senate Committee on Military Affairs, and was in 
intimate relations with President Polk and the mem- 
bers of his Cabinet. 

And being about to start on so long a journey to a 
country that it was determined should be taken posses- 
sion of immediately in case war should take place, it 

1 There has been a letter recently published, purporting to have been 
written at this time by Colonel Fremont in reply to a demand of the 
alcalde of San Jos6 that he should appear before his court and answer to 
the charge of having stolen horses in his possession. 

Colonel Fremont's letter is dated " February 21, 1846," and denies the 
charge, but refuses to obey the summons of the court. 

In reply to this, there appears a letter from General Castro, charging 
on him contempt of the civil authorities, and ordering him to leave at 
once, or an adequate force would compel him to do so. 

"There is every reason to believe that Fremont's secret policy was 
to provoke the Californians to attack him, or to take some other step 
against the Americans which should furnish a pretext for war." — Htt- 
Ull, vol. 2, p. 419. 



The Transition Period of California. 37 

is not strange that his mind was filled with the plans 
and purposes of which he, of course, heard so much. 
All this could not help but give a coloring to his 
thoughts and quicken his anticipations while on his 
journeys. 

The influence of these things must be taken into ac- 
count in judging of the course he took a year later in 
California affairs. 

Much has been written concerning that course, — 
some in warm approval, and some in just as warm 
disapproval. 

I have read all I could lay my hands on, and tried 
to read with an open mind. 

Soon after the events in which he took the leading 
part, I became personally acquainted with many men 
of that time, — men who not only knew of all that was 
going on, but bore a prominent part in it. 

After all the excitements of the time of conflict were 
over, and the unknown things could be explained, it 
was easy to gather from the actors in those exciting 
scenes the connecting links of events and trace the 
thread of the story. 

In what I say concerning the course taken by Colo- 
nel Fremont, which so decidedly interfered with the 
plans of the administration at Washington, I follow 
Colonel Fremont's own narrative as given before the 
court-martial in 1847 and in his autobiography pub- 
Hshed in 1887. 

We left him and his party on the upper Sacra- 
mento, seeking to find a way through the mountains 
to the Willamette Valley, in Oregon. Before the mid- 
dle of May they had reached the northern shore of 



38 The Transition Period of California. 

Klamath Lake, and were there encamped on the 9th 
of May, 1846. On the evening of that day, he says in 
his Memoirs, " as I was standing alone by my camp- 
fire, enjoying its warmth, suddenly my ear caught the 
faint sound of horses' feet, and while I was watching 
and listening as the sounds, so strange hereabout, 
came nearer, there emerged from the darkness, into 
the circle of the firelight, two horsemen, riding slowly, 
as though horse and man were fatigued by long trav- 
eling." The men had hastened forward with all 
speed to tell him that a messenger was behind, who 
had come all the way from Washington to find him ! 
At dawn of day he started, and after a day's ride, 
found that the messenger was Lieutenant Gillespie, of 
the Marine Corps, and, as may be imagined, the greet- 
ing was most cordial. 

Gillespie had left Washington in the November be- 
fore, had traveled across Mexico to Mazatlan, reaching 
there in February, 1846, and was sent forward by 
Commodore Sloat in the United States ship Cayene 
to Monterey, arriving April 17, 1846, where he de- 
livered his dispatch to United States Consul Larkin, 
and then pursued his journey up the Sacramento 
Valley to find Colonel Fremont. 

Now, this was manifestly an exceedingly significant 
mission. It excited keen suspicion in Monterey at the 
time, and came near bringing about his detention 
there. The question was. What was its significance? 
What did it mean? Nobody knew. And, strange to 
to say, it remained unknown for nearly twoscore 
years, and the very fact that it was unknown had a 
decisive influence on the course of events at the time. 



The Transition Period of California. 39 

The immediate effect of it was seen in the return of 
Colonel Fremont and his party to the Sacramento 
Valley. 

That fact could not help signifying to all the scat- 
tered inhabitants of the valley that Colonel Fremont 
had received important communications from the gov- 
ernment at Washington, and that what he did was 
under that authority.^ 

No wonder that the settlers came riding into his 
camp to learn what was going to be done. He did not 
tell them what his orders were. They could not 
expect him to do that. But they would certainly be- 
lieve that the opinions he expressed and the measures 
he proposed were those that would receive the sanction 
and support of the government.^ 

This put him in a position of almost unlimited in- 
fluence. 

Furthermore, as he was now in want of money and 
supplies for his party, he sends Lieutenant Gillespie 
to San Francisco to ask for them from the United States 
ship-of-war Portsmouth, Captain Montgomery, and gets 
them. 

What more could he have to assure to himself, in the 
public mind, the position of confidential agent of his 
government in this far-away country? 

This position he assumed, and proceeded to act ac- 
cordingly. 

1 The contents of that dispatch was not ascertained till Mr. H. H. Ban- 
croft, in his historical researches, found it, and Professor Royce verified 
the copy with the copy on record in the department at Washington. 
That puts it beyond question. 

2 " Whatever Fremont did was supposed to be done with the sanction 
of the United States." — Geneeal Bidwell, in the Century Magazine, Feb., 
1891, p. 519. 



40 The Transition Period of Calijornia. 

It was through him, supported by his surveying 
party and the settlers in the northern valleys, that a 
war of revolution against the government of Mex- 
ico was commenced early in June, 1846/ General 
Vallejo, the Mexican military commandant, with his 
friends, were captured on the 14th of June, 1846, at 
Sonoma, and imprisoned in Sutter's Fort. 

This made the situation critical; something more 
must be done immediately. 

That something more, as he himself testified before 
the court-martial, was to be "the total overthrow of 
Mexican authority in California, and the establishment 
of an independent government in that extensive prov- 
ince."^ 

In connection with what is known as " the Bear Flag" 
movement, the settlers were assembled in Sonoma on 
the 5th of July, 1846, and were organized by Colonel 
Fremont into a battalion consisting of four companies 
numbering two hundred and twenty-four men, ^ 

With them he set out for his encampment on the 
American Fork, which he reached on July 9, 1846. 

He is quite aware of the gra\dty of the undertaking 
he has on hand, for he says in his Memoirs, "In order 
to place it in the power of my government to disavow 
my action, should it become expedient to do so, I 
drew up my resignation from the army, to be sent by 

1 It is in evidence that no sooner had Colonel Fremont and Lieuten- 
ant Gillespie returned from Oregon to the Sacramento Valley than an 
anonymous circular was sent to the settlers, far and near, reciting their 
wrongs and their dangers, and notifying them to meet at Fremont's 
camp. 

2 Court-Martial and Trial, p. 374. 

3 Inasmuch as the Bear Flag movement had no significance after the 
men who supported it marched away under Colonel Fremont, I do not 
think it necessary to give a further description of it here. 



The Transition Period of California. 41 

the first opportunity to Senator Benton, for transmis- 
sion to the War Department, in the event of such a 
contingency." ^ 

This shows, surely, that he knows he is not author- 
ized to take the course he is pursuing. 

And, furthermore, he knows that there is no need of 
the estabhshment of an "independent government," 
because he had just been informed that the country is 
on the very eve of being taken possession of by the 
United States. 

This he himself clearly states in a letter addressed 
to Captain Montgomery, of the Portsmouth, then in the 
harbor of San Francisco, and dated Sonoma, July 5, 
1846: "I trust that by the time you receive this note, 
the arrival of Commodore Sloat will have put an end 
to your neutral position." ^ 

This evidently has reference to a remark of Captain 
Montgomery's, in a letter to him, of June 23, 1846, 
in which he says he is obliged to preserve "a strict 
neutrality." 

If Commodore Sloat could be looked for any day to 
raise the United States flag, and thu& put an end to 
"neutrality," why was it necessary to begin a private 
war, imprison citizens, sacrifice lives, and inflame the 
public mind? 

Why was it necessary for so brief a time to organize 
a battalion of armed men, and declare an "independent 
government," when he knew his own government was 
so soon to take control? 

Much was said at the time about orders coming from 

1 Fremont's Memoirs, vol. 1, p. 520. 

2 Fremont's Memoirs, vol. 1, p. 529. 



42 The Transition Period of California. 

Mexico, requiring the California authorities to drive 
out the settlers. Some years ago I asked General Va- 
llejo about this. 

He replied that there were rumors of the kind. " But 
where," he asked, "is there a paper extant from any 
Cahfornia official to corroborate any such assertion? " 
And he went on to say, "At the very period when it 
is alleged that Commandante Castro was acting in this 
way, he directed me to issue passports to any respect- 
able foreigners and authorizations of settlement to 
those applying for the same, and Castro was at the 
time giving such papers." 

He said further, " Years before, instructions were 
sent to me from Mexico at once to force the immi- 
grants to recross the Sierra Nevada and depart from 
the territory of the repubUc. But, to say nothing of 
the inhumanity of these orders, their execution was 
physically impossible, — first, because I had no mili- 
tary force; and second, because the immigrants came 
in the autumn, when the snow covered the Sierras so 
quickly as to render return impracticable. 

"Under the circumstances, not only I, but Com- 
mandante Castro, resolved to provide the immigrants 
with letters of security, that they might remain tem- 
porarily in the country. 

"We always made a show of authority, but were 
well convinced all the time that we had no power to 
resist the invasion which was coming in upon us." 

There are reliable witnesses, some of whom are now 
living, who say that before the arrest and imprisonment 
of General Vallejo and his friends, there was no pre- 
vailing uneasiness among the settlers from fear of be- 
ing disturbed by the California authorities. 



The Transition Period of California. 43 

Nor was there ground for any unusual anxiety con- 
cerning Indian raids, to which, however, the farms 
were always exposed. 

These things, all told, do not seem, at this distance 
of time, to have called for warHke measures in north- 
ern California at that time.^ 

And certainly no orders brought to Colonel Fre- 
mont by Lieutenant Gillespie from the government at 
Washington so much as suggested it. 

On the contrary, the dispatch brought by Lieuten- 
ant Gillespie, as we now know, directed a very differ- 
ent course of proceeding. It was addressed to Consul 
Larkin, but was to be repeated to Colonel Fremont. 

Itwas written in Washington in November, 1845, fully 
six months before the breaking out of the Mexican War, 
and while the administration was doing its utmost to 
secure California by the consent of her own authorities. 

It says nothing about war ! By no means. It 
refers to the information concerning California re- 
ceived for a long time from Mr. Larkin, and says that 
the government has become deeply interested in the 
country, and is especially desirous that it should never 
come under the dominion of any European power. 

1 "Rumors of threats of Californians against foreigners had been 
frequent, one in 1841 and one in 1845, but they turned out to be ground- 
less, and apprehension ceased, especially as we had Sutter's Fort. And 
now, in 1846, after so much immigration, we felt entirely secure, even 
without the presence of a United States officer [Fremont] and sixty 
men, — until we found ourselves suddenly plunged into war! 

" But hostilities having been begun, bringing danger where none 
before existed, it now became imperative to organize. 

" It was in every one's mouth — and I think it must have come from 
Fremont- that war was begun in defense of American settlers. This 
was simply a pretense to justify the premature beginning of war, which 
henceforth was to be carried on in the name of the United States. 

" Fremont neither averred nor denied acting under orders from the 
United States." — General Bidwell, in Century Magazine, Feb., 1891, p. 522. 



44 The Transition Period of California. 

If the people should desire to unite their destiny 
with ours, they would be received as brethren, when- 
ever this can be done without affording Mexico just 
cause of complaint. 

This was the tone of the dispatch brought by Lieu- 
tenant Gillespie to Mr. Larkin, and it was to be given 
also to Colonel Fremont. And he says himself, in a 
letter written to Senator Benton, after the receipt of 
the family package by Lieutenant Gillespie, and dated 
Sacramento River, May 4, 1846, "Your letter led me 
to expect some communication from him [Mr. Bu- 
chanan], but I received nothing." 

It hardly needs to be said that there was no warrant 
in this dispatch for any such warlike proceedings as 
Colonel Fremont returned to the Sacramento Valley 
and at once initiated.^ 

But the people supposed he had such warrant, and 
they rallied around him accordingly. 

He never said so, nor did he deny it, till, as we 
shall see, when he comes to meet Commodore Sloat, 
and is asked the direct question of his authority by 
him, he replies:'^ "I acted solely on my own responsi- 

1 In his testimony before the Court of Claims, Colonel Fremont said, 
concerning the information given him by Lieutenant Gillespie, " He in- 
formed me that he had been directed by the Secretary of State to find 
me and acquaint me with his instructions, which had for their principal 
object, to ascertain the disposition of the California people, to conciliate 
their feelings in favor of the United States, and find out, with a design of 
counteracting, the design of the British government upon that country." 

2 Fremont's Memoirs, vol. 1, p. 534. 

" He [Commodore Sloat] asked to know under what instructions I had 
acted in taking up arms against the Mexican authorities. 

" ' I do not know by what authority you are acting,' said he. ' I can 
do nothing. Mr. Gillespie has told me nothing; he came to Mazatlan, 
and I sent him to Monterey, but I know nothing. I want to know by 
what authority you are acting.' 

" I informed him that I acted solely," etc. 



The Transition Period of California. 45 

bility, and without any expressed authority from the 
government to justify hostihties." 

What encouragement to this course of action Colonel 
Fremont received from his father-in-law, Senator Ben- 
ton, we do not know, nor does it concern us to know, but 
it is certain that he received none from any recorded 
orders of the government. That is the important 
thing to know. 

He was, without doubt, patriotic in the course he 
chose to take, though it is exceedingly difficult to 
reconcile it with the fact that he asked no advice of 
Consul Larkin, not even sending him word of what he 
was going to do, but the consequences were disastrous 
to him, and interfered sadly with the plan of cam- 
paign so comprehensively and thoroughly laid by 
the government in Washington. And it continued to 
interfere with that plan until the close of the war, as 
we shall see. 

But now to resume the thread of our narrative. 

"^ ^e left Colonel Fremont with the battalion which 
he formed from the "Bear Flag" men in Sonoma 
on the 5th of July, on the American Fork, which he 
reached on July 9, 1846. 

On the evening of the 10th, when not far from Sut- 
ter's Fort, an express reached him, announcing the ar- 
rival of Commodore Sloat at Monterey, and the rais- 
ing of the American flag there and at San Francisco, 
and requesting that it be raised at Sutter's Fort. This 
was accordingly done at sunrise the next morning, 
under a salute of twenty-one guns, amid general re- 
joicing among the people. 

Two days later, another express reached him from 



46 The Transition Period of California. 

Commodore Sloat, with a letter dated July 9, 1846, in 
which he said to him, "I am extremely anxious to see 
you at your earliest convenience; and should General 
Castro consent to enter into a capitulation, it is of the 
utmost importance that you should be present."^ 

No wonder the Commodore was anxious to see a 
man — an officer of the army who had assumed such 
authority — who had imprisoned California military 
officers, had conducted movements that had resulted 
in the death of a number of men, to say nothing 
of the seizure and appropriation of private propert}", 
and, in a word, had proceeded to levy war on this de- 
partment. 

It was to be presumed, of course, that he must have 
received very special orders from the government at 
Washington, of which it was vitally important for him 
(Sloat) to know, in the present exigency. The Com- 
modore's remark relative to General Castro's possible 
willingness "to enter into a capitulation" shows that 
he has knowledge of the wishes of the government 
concerning obtaining as peaceful an acquisition of 
California as possible; consequently the warlike 
operations .of which he hears seem to him utterly 
inexplicable! 

Ten days later, on the 19th of July, 1846, Colonel 
Fremont, with one hundred and sixty mounted men, 
reached Monterey, and the interview between him and 
Commodore Sloat took place as before described. 

The situation appeared to the Commodore to be one 
of such gravity, that here, where he could not commu- 

1 FrtmonVs Memoirs, vol. 1, p. 530. 



The Transition Period of California. 47 

nicate with his government and learn their wishes, he 
shrank from the responsibility. 

He was a man, at that time, sixty-six years old, his 
health was impaired, and he had, some time before, 
asked to be called home. 

Four days before, on the 15th day of July, 1846, 
the United States frigate Congress, Commodore R. F. 
Stockton, arrived at Monterey. 

This afforded Commodore Sloat the desired oppor- 
tunity to be relieved, and he immediately turned over 
his command to Commodore Stockton and sailed for 
home. 



CHAPTER VI. 

Stockton and Fremont Undertake the Conquest of California — They Take 
Santa Barbara, San Diego, and Los Angeles, and Report Conquest Ac- 
complished—Stockton Assumes the Title of Governor, and Sends a 
Dispatch to Washington by Kit Carson, who meets General Kearny 
and his Dragoons Coming to California — Believing the Conquest 
Accomplished, he Sends back Two Hundred Dragoons and Comes on 
with One Hundred — But, in California, "Conquest" not Permanent 
— Southern Portion in Arms — General Kearny, on Reaching Califor- 
nia, Finds it so — The San Pasqual Affair — He Finds Commodore 
Stockton and his Marines Preparing to Retake Los Angeles, Decem- 
ber 12, 1846. 

This put an entirely new phase on affairs. 

Stockton proved to be a man quite as willing to take 
liberties with his orders as was Fremont himself. 

His orders at this time were simply those under 
which Commodore Sloat had been acting, dated at 
Washington, June 24, 1845, for none were issued after 
that till nearly a year later, when war had actually 
commenced, and then Secretary Bancroft issued an 
order, dated May 13, 1846, which was now on the way, 
but if it had been in Commodore Stockton's hands 
when he was taking command, it would only have, in 
substance, directed him to carry out the orders of June 
24, 1845. These orders, as we remember, required him 
''to possess himself of the port of San Francisco, and 
blockade or occupy such other ports as your force may 
permit." 

"You will be careful to preserve, if possible, the 
most friendly relations with the inhabitants, and where 
you can do so, you will encourage them to adopt a 
course of neutrality." 

48 



The Transition Period of California, 49 

This order, it will be perceived, says not a word 
about "the conquest of the country," or the organizing 
of a land force to that end. 

Indeed, Commodore Stockton afterward acknowl- 
edged that he had received at this time no other 
order than that left to him by Commodore Sloat/ 

But under this order we shall soon see what he takes 
upon himself to do. 

He and Colonel Fremont have an early interview, 
and find themselves of the same mind as to assuming 
responsibihty. 

It was at once determined by them not only "to 
take possession of the ports," but with the help of 
Fremont and Gillespie and the Bear Flag Battalion to 
attempt the conquest of the whole country ! 

No such movement as this was suggested by any of 
the instructions from Washington, or anticipated by 
the government, and therefore, as might easily have 
been foreseen, would be hable to clash with the execu- 
tion of plans formed there. 

Commodore Sloat had issued an address to the peo- 
ple when he raised the flag on the 7th of July in ac- 
cord with his instructions, and in conference with 
Consul Larkin. Of course it was conciliatory in its 
tone, and perhaps it was made to be more so on ac- 
count of the warlike action of the "Bears" at Sonoma 
a month before. 

But now, when he is gone, and Commodore Stockton 
takes his place, he, in turn, on July 29, 1846, issues 
his proclamation. 

^Fremont's Court- Martial, p. 198. Commodore Stockton's testimony: 
" I think I received no other instructions, except those Commodore Sloat 
turned over to m«." 



50 The Transition Period of California. 

Instead of being conciliatory, it is calculated to be 
as irritating as possible. It reflects the feelings of 
Fremont throughout. It breathes the purpose of sub- 
jugation, and was calculated to arouse whatever man- 
hood there was in the country to the last degree of 
resistance.^ 

The movement toward effecting the conquest begins 
immediately. Colonel Fremont and Lieutenant Gil- 
lespie, with their battalion, are mustered into service, 
as the Commodore says, "under the law of necessity."^ 

They embark on board the Cayene at Monterey, for 
San Diego, on the 25th of July, 1846, and are there in 
three days. 

Here no enemy was found, but there was an en- 
forced delay of a week to get together horses enough 
to mount the men. On the 8th of August they were 
on the road to Los Angeles. 

Meantime, Commodore Stockton had sailed from 
Monterey, for San Pedro, in the Congress, and on the 
way touched at Santa Barbara, where he raised the 
Stars and Stripes and left a small garrison, and then 
proceeding to San Pedro, landed three hundred and 
sixty marines for the march of twenty-eight miles to 
Los Angeles. 

1 From Commodore Stockton's " Address " : — 

"General Castro, the commander-in-chief of the military forces of 
California, has violated every principle of international law and national 
hospitality by huiiting and pursuing with several hundred soldiers, and 
with wicked intent, Captain Fremont, of the United States army, who 
came here to refresh his men, about forty in number, after a perilous 
journey across the mountains, on a scientific survey. For these repeated 
hostilities and outrages, military possession was ordered to be taken of 
Monterey and San Francisco until redress coixld be obtained from the 
government of Mexico," etc. — fT. H. Bancroft, vol. 22, p. 254. 

The reader can judge how much truth there is in such a proclamation. 

2 Court-Martial, p. 180. 



The Transition Period of California. 51 

Before the march from San Pedro to Los Angeles 
began, two commissioners from General Castro ar- 
rived, presenting a letter to the Commodore from the 
General, " asking explanations on the conduct that he 
proposes to follow; . . . and wishing to avoid all the 
disasters that follow a war like that which your lord- 
ship prepares, it has appeared convenient to send to 
your lordship a commission to know your wishes, 
under the conception that whatever conference may 
take place, it must be on the base that all hostile 
movements must be suspended by both forces." 

Now, here is room, surely, for the trial of " concilia- 
tion." 

Furthermore, General Castro, it seems, had reason 
to expect it. For, as Mr. H. H. Bancroft tells us, Mr. 
Larkin was on the Congress^ and on arriving at San 
Pedro, dispatched letters to Abel Stearns, his associate 
United States confidential agent, though he was at the 
same time a Mexican sub-prefect. 

In them, Mr. Larkin urges Mr. Stearns immediately 
to consult with Gt)vernor Pico and General Castro, and 
put before them in as strong a light as possible the im- 
portance of declaring independence of Mexico and put- 
ing California under the American flag. They were 
urged to come to a conference at once, as the Com- 
modore with his forces would march in twenty-four 
hours. 

It is evident that the commissioners appeared so 
promptly, in response to these urgent suggestions, 
expecting to be welcomed to a conference. 

But on the very reasonable conditions proposed, the 
proposition was declined, and as Commodore Stockton 



52 The Transition Period of California. 

says, "I announced my determination to advance, and 
the commissioners returned to their camp." 

It is manifest enough that this conduct is not in ac- 
cord with the spirit that prevailed in Washington, but 
that it was the same as that which captured General 
Vallejo at Sonoma a month before and shut him up in 
Sutter's Fort. 

The march to Los Angeles was begun on August 11th, 
and the city was reached on the 13th. Fremont, with 
his battalion, joined them, and the combined force en- 
tered the city, raised the flag, but found no enemy. 

The Californians had fled, and well they might flee. 
As was confessed by their leaders afterward, they could 
count only on one hundred men, "badly armed, worse 
supphed, discontented by reason of the misery they suf- 
fered, and the fear was that they would not fight if the 
necessity should arise." No wonder they fled, indeed, 
when an army of four hundred and eighty men, well 
armed and well supplied, was at their doors! 

To Stockton and Fremont this seemed to complete 
the conquest of California. 

At once Commodore Stockton assumes the title of 
" Governor of California," and proceeds to exercise au- 
thority accordingly. 

He publishes another address to the people of the 
country, far more sensible and business-like than the 
first, and proceeds to organize a civil government. He 
announces his intention to appoint Colonel Fremont 
governor, garrison the principal towns with such land 
forces as he had at his disposal, withdraw his marines, 
and sail on sea duty.^ 

1 " Question. What orders and instructions from the President of the 



The Transition Period of California. 53 

In the midst of this work, on the 17th of August 
the Warren arrived from Mazatlan, bringing the first 
positive news of the declaration of war, and also bring- 
ing Secretary Bancroft's dispatch to the Commodore, 
of May 13, 1846, saying, "The state of things alluded 
to in my letter of June 24, 1845, has occurred. 
You will therefore be governed by the instructions 
therein contained." But he added nothing sug- 
gesting or authorizing land operations, or the organiz- 
ing of a civil government for the territory. This duty, 
as, of course, Secretary Bancroft knew, had been as- 
signed to General Kearny, of the army, who was then 
well on his way to California. 

And no word was sent to the naval commanders, 
looking toward inland operations, except this slight 
suggestion, contained in a dispatch dated August 17, 
1846: "If opportunity offers, and the people favor, 
to take possession by an inland expedition of San 
Pedro and Pablo [sic] de los Angeles, near San Diego." 
This, however, was not received till long after Com- 
modore Stockton had left. 

But there was no delay on the part of Commodore 
Stockton in completing his plan of civil government 
and stationing such garrisons as the land force at his 
command would allow at Los Angeles, San Diego, 
Santa Barbara, and Monterey, after which he sailed for 
San Francisco. 

But before he sailed he prepared a dispatch to the 

United States, or Secretary of the Navy, had you in California in regard 
to the establishment of a civil goyernment in that country? 

''Answer. Well, I do not think I had any. My right to establish a 
civil government was incident to the conquest, and I formed the govern- 
ment under the law of nations." — StocA-ton's Testimony before the Court- 
Martial, p. 198. 



54 The Transition Period of California. 

Secretary of the Navy, reciting the achievements of the 
last month. He says to him : " You have already 
been informed of my having, on the 23d of July, as- 
sumed the command of the United States forces on the 
west coast of Mexico. 

"I now have the honor to inform you that the flag 
of the United States is flying from every commanding 
position in the territory of California, and that this 
rich and beautiful country belongs to the United 
States, and is ever free from Mexican dominion. 

" Thus in less than a month after I assumed com- 
mand, ... we have chased the Mexican army more 
than three hundred miles along the coast, pursued 
them thirty miles in the interior of their country, 
routed and dispersed them, and secured the territory 
to the United States, ended the war, restored peace 
and harmony among the people, and put a civil gov- 
ernment into successful operation. " 

This dispatch, with others from Colonel Fremont, 
was sent by Christopher Carson, to be delivered in 
Washington in the shortest possible space of time. 

Carson started on the 28th of August, going by the 
Santa Fe route. On his way, as has been before men- 
tioned, on the 6th of October he meets General Kearny 
with his three hundred dragoons on their march to 
California. 

When he learned Carson's errand and the achieve- 
ments he was to report at Washington, thinking his 
force unnecessarily large, he turns back two thirds of 
it to serve elsewhere in the war, and with only one 
hundred men pursues his way to California. But as 
he drew near California he became aware in various 



The Transition Period of California. 55 

ways that all was not peace in the country. And by 
and by he learned that after Mr. Carson left in 
August with the dispatches, a revolution broke out 
throughout the country, the garrisons were captured, 
and the United States flag was hauled down! 

Then, as he entered the territory with his party, 
weary and way-worn, came the San Pasqual affair, 
and then the meeting with Commodore Stockton at 
San Diego on December 12, 1846. 

The Commodore is there in the Congress, preparing 
to land his marines and march for the re-conquest of 
Los Angeles. 



CHAPTER VII. 

Kearny and Stockton — Conflict of Authority — March to Los Angeles 
from the South — Coming down of Fremont from the North — Los 
Angeles taken — The "Couenga Capitulation "-Commodore Stock- 
ton Appoints Colonel Fremont Governor and Retires to his Ship- 
General Kearny Assumes the Office of Governor under his Orders 
from Washington — Fremont Refuses to Recognize his Authority — 
Commodore Shubrick Arrives, February, 1847— Relieves Commodore 
Stockton — The Government set up by Stockton and Fremont Ig- 
nored- Shubrick takes Command at Sea and Kearny on Land — The 
"Government Plan " is Restored. 

Here begins a conflict of authority. General 
Kearny comes in obedience to the orders of the gov- 
ernment, of June 3, 1846. Commodore Stockton is 
acting only under orders to take possession of the 
ports, but nothing was said in them about conquering 
the country or setting up a civil government. 

The intention of the government in the matter is 
very plain. For no sooner had they learned of the 
beginning of Commodore Stockton's movements than 
the Secretary of the Navy wrote him as lollow^s, under 
date November 5, 1846, which letter was on the way 
at the time the two officers met in San Diego : — 

" The President has deemed it best for the public 
interests to invest the military officer commanding 
with the direction of the operations on land and with 
the administrative functions of government over the 
people and territory occupied by us. 

" You wdll relinquish to Colonel Mason, or to Gen- 
eral Kearny, if the latter shall arrive before you have 
done so, the entire control over these matters, and 

56 



The Transition Period of California. 57 

turn over to him all papers necessary to the perform- 
ance of his duties." 

If the Commodore could have received this order at 
this time, it would have settled the matter, and would 
have put into full operation the original plan of the 
government, placing General Kearny in entire control 
of all operations on land. 

But, unfortunately, it must be months before the 
order can reach him, and, meantime, he proceeds to 
carry out his own plan as " Governor of CaUfornia," 
claiming a rank and authority superior to that of 
General Kearny. 

It is not necessary to my purpose to go into detail 
here, and narrate the particulars of the re-conquest of 
California which had now to be undertaken. 

Suffice it to say that the joint forces of Stockton's 
marines and General Kearny's dragoons prepared to 
march northward from San Diego to Los Angeles, and 
at the same time Colonel Fremont with his mounted 
rifles was coming down upon the city from the north. 
Commodore Stockton and General Kearny arrived 
first, and, overcoming a pretty sharp opposition, en- 
tered the city on the 10th of January, 1847, and raised 
again the United States flag, which had been hauled 
down four months before. 

On the same day. Colonel Fremont and his men 
reached San Fernando, and there met the retreating 
Californians, who had given up all idea of further re- 
sistance to American authority. 

A capitulation was proposed, and entered into by 
Colonel Fre'mont with the Californians without wait- 
ing to consult with Stockton or Kearny, and the war 



58 The Transition Period of California. 

was over. This took place on January 13, 1847, and 
Fremont, with his battahon, reached Los Angeles on 
the 14th. 

Commodore Stockton was not altogether pleased 
with Colonel Fremont's action in this matter, but he 
said, in his report of the affair, " I have thought it best 
to approve it." 

Now comes another conflict of authority, between 
General Kearny and Colonel Fremont. Commodore 
Stockton had promised Colonel Fremont that when he 
had completed the organization of the civil govern- 
ment he would appoint him governor, and himself 
leave to resume his duties at sea. But Colonel Fre- 
mont is still in command of his four hundred riflemen, 
under commission from Commodore Stockton. 

General Kearny, however, considers Fremont and 
his men under his command, according to the orders 
of the Secretary of War, dated June 18, 1846, saying, 
"These troops, and such as may be organized in Cali- 
fornia, will be under your command." 

He accordingly sends to Colonel Fremont an order 
dated Los Angeles, January 16, 1847, directing that 
"no change be made in the organization of your bat- 
tahon of volunteers, or ofiicers appointed in it, with- 
out my sanction and approval being first obtained." 

Colonel Fremont replies to this on January 17th: 
" I shall have to report and receive orders, as hereto- 
fore, from the Commodore." 

Colonel Fre'mont receives his commission as gover- 
nor from Commodore Stockton on January 16, 1847, 
and on the 22d issued a proclamation announcing the 
establishment of a civil government. 



The Transition Period of California. 59 

General Kearny with great prudence refrained from 
precipitate action, having only a very small miUtary 
force at his command as yet. He marches to San 
Diego, and sails for Monterey, which place he reaches 
on February 8, 1847, where he finds Commodore 
Shubrick, of the ship Independence, who came to suc- 
ceed Commodore Stockton in command of the Pacific 
squadron. 

This removes Stockton from the scene of action, but 
it leaves Fremont governor, with whatever authority 
the appointment could give him. It is easy to see 
now that if General Kearny had proceeded to deal 
summarily with him at that time for disobedience of 
orders, while his four hundred riflemen were around 
him, it might have resulted in very serious trouble. 
But he was a commander too wise and experienced 
for that. 

We have here reached a very important point in 
the current of Cahfornia affairs. 

We now come again upon the "government plan," 
which was thwarted by Colonel Fremont and Commo- 
dore Stockton, and find it restored by General Kearny 
and Commodore Shubrick. 

On March 1, 1847, they publish a joint notice, in 
accordance with directions from the government at 
Washington, explanatory of the duties of each. 

The government set up by Stockton and Fremont is 
entirely ignored, and a new one is estabhshed.^ 

1 "The President of the United States . . . has invested the under- 
signed [Shubrick and Kearny] with separate and distinct powers, civil 
and military, a cordial co-operation in the exercise of which, it is hoped 
and believed, will have the happy results desired." — £a»cro/t, vol. 22, 
p. 437. 



60 The Transition Period of California. 

On the same day General Kearny issues his proc- 
lamation as governor of California. In it he almost 
suggests an apology for the imprisonment of Vallejo 
and others, and the conduct of the settlers, when he 
says, " There was not time, when Mexico forced war 
upon the United States, for the latter to invite the 
Calif ornians as friends to join her standard, but com- 
pelled her to take possession of the country to prevent 
any European power from seizing upon it, and in do- 
ing so, some excesses and unauthorized acts were no 
doubt committed by persons employed in the service 
of the United States, by which a few of the inhabi- 
tants have met with a loss of property. Such losses 
will be duly investigated, and those entitled to re- 
muneration will receive it." 

Here is the beginning of something stable and per- 
manent in California civil affairs. 



CHAPTER VIII. 

General Kearny's Reinforcements Coming in — The Lexington — " Steven- 
son's Regiment" — The Mormon Battalion, etc. — Civil Government 
— Rev. Walter Colton's Acaldeship — General Kearny Leaves, May 
31, 1847, and Col. R. B. Mason takes his Place — He had to Assist Him, 
Lieut. W. T. Sherman and Lieut. H. W. Halleck— San Francisco has 
Fifty Houses, 1847 — Dissatisfaction with " Acalde Government" — 
January 24, 1848, Gold Discovery ! — Business Revolutionized — Gover- 
nor Mason Perplexed — He Visits the Mines with Lieutenant Sherman 
in the Early Fall. 

When General Kearny issued his proclamation as 
governor on March 1, 1847/ his reinforcements which 
had been sent by way of Cape Horn were coming in. 
The transport ship Lexington had already arrived with 
an artillery company, one hundred and forty men, 
with heavy guns, arms, shovels, spades, plows, saws, a 
saw-mill and grist-mill, and tools of various kinds. 

1 From General Kearny's proclamation: — 

"The President of the United States having instructed the under- 
signed to take charge of the civil government of California, he enters 
upon his duties with an ardent desire to promote, as far as possible, the 
interests of the country and the welfare of its inhabitants. 

" He has instructions from the President to respect and protect the 
religious institutions of California, and to see that the religious rights 
of the people are in the amplest manner preserved to them, the consti- 
tution of the United States allowing every man to worship his Creator 
in such a manner as his own conscience may dictate to him. 

" It is the wish and design of the United States to provide for Califor- 
nia, with the least possible delay, a free government, similar to those in 
her other territories; and the people will soon be called upon to exer- 
cise their rights as freemen in electing their own representatives to 
make such laws as may be deemed best for their interests and welfare, 

"But until this can be done, the laws now in force, and not in con- 
flict with the constitution of the United States, will be continued until 
changed by competent authority, and those persons who hold office will 
continue in the same for the present, provided they swear to support 
that constitution and to faithfully perform their duty." 

61 



62 The Transition Period of California. 

On this ship came Lieut. H. W. Halleck, of the 
United States topographical engineers, to superintend 
the fortifying of Monterey and San Francisco. 

In February, Col. R. B. Mason arrived, coming by 
way of the Isthmus of Panama, to relieve General 
Kearny, and allow him to return home. 

In March came the transport sliips, bringing 
Stevenson's Regiment, numbering eight hundred men, 
which, with the Mormon Battalion and the mounted 
riflemen, amounted to an ample military force for the 
maintenance of the government. 

These riflemen were soon disbanded and were 
allowed to return north to their homes, but the other 
troops were stationed in the principal towns, in suffi- 
cient force to secure them and the entire country 
against uprisings or attempts at questioning the per- 
manence of the conquest. 

The next thing immediately necessary was the 
detailing of a sufficient military force to protect the 
country from the incursions of Indians. 

There were loud complaints of them, coming in 
from the Sacramento Valley, and even from San Jose, 
and from Los Angeles and San Diego. 

There had never before been a force in California 
available to hold them in check, and even now it took 
some years to suppress them and give security to the 
industry of the country. 

When peace was thus secured, General Kearny 
turned his attention to the administration of civil 
affairs. 

The war with Mexico was then at its height, and 
the government was that of military occupation, 
awaitinc^ its final issue. 



The Transition Period of California. 63 

Meanwhile the supremacy of the authority of the 
United States must be maintained, and yet the legal 
relations of the citizens with each other were to be as 
little disturbed as possible. 

In accordance with the accepted maxim that "the 
conqueror has a right to give laws to the conquered, 
but until some law is given by the conqueror, the 
laws of the conquered country are in force," Rev. 
Walter Colton, chaplain of the United States ship-of- 
war Congress, had been made alcalde at Monterey, l:>y 
Commodore Stockton, on July 30, 1846.^ 

After some two months, the term for which Colton 
was appointed, was about to expire, an election was 
ordered, and he was retained in office by popular vote. 

General Kearny found him in the discharge of his 
duties. These duties were peculiar, and were deter- 
mined more by tradition than by written law." 

As this alcalde system remains in force for a con- 
siderable time after the close of the war, it becomes 
necessary to describe it somewhat particularly. 

And probably no description could give a better 
idea of it than that of Alcalde Colton himself, in 
which he details his duties and responsibilities at the 
time. He says: "My duties are similar to those of 
mayor of one of our cities, without any of those judi- 

1 Colton, with Robert Semple, find some old type in Monterey, and 
manage to print the first newspaper in California, on August 15, 1846, 
entitled The Californian. 

2 " There is no written law in the country. There is a small pamph- 
let defining the powers of the various judicial ofi&cers, emanating from 
the Mexican government since the revolution. 

" But a late Mexican governor of California gave this instruction to a 
new inquiring magistrate: ' Administer it in accordance with the prin- 
ciples of natural justice.' " — W. H. Davis, in S^xty Years in Calif ornic . 



64 The Transition Period of California. 

cial aids which he enjoys. It involves every breach 
of the peace, every case of crime, every business 
obUgation, and every disputed land title within a 
space of three hundred miles. 

"From every other alcalde's court in this jurisdic- 
tion there is an appeal to this, and none from this to 
any higher tribunal. Such an absolute disposal of 
questions affecting property and personal liberty 
never ought to be confided to one man."^ 

All alcaldes did not have jurisdiction over so large 
a territory as Alcalde Colton, but their type of au- 
thority was the same. 

It was well enough in the southern part of the 
country, among the Spanish-speaking people, where it 
had existed for generations, but it was by no means 
welcomed in the north, by the immigrants recently in 
from the "States." 

They could only endure it for the time being, in the 
hope that the war would soon end, and a system of 
law come into force with which they were familiar. 

To a certain extent, alcaldes were held to be account- 
able to the governor, and when he thought proper, 
their acts were called in question by him. 

General Kearny was occupied in putting in order 
the civil and military affairs of California for the 
space of three months, when, on May 31, 1847,^ he 
started on his return across the continent to the 



1 Colton' s Three Years in California. 

2 With General Kearny, at this time, went Colonel Fremont, under ar- 
rest for disobedience of orders; and as a result of his trial by court- 
martial, he lost his commission in the army. 

A little later in 1847, Commodore Stockton went East, overland, and in 
May, 1850, resigned from the nSi^j. — Appleton's Cyclopedia, 



The Transition Period of California. 65 

United States, and, under orders from Washington, 
Colonel Mason took his place. 

Speaking of General Kearny and his short admin- 
istration. Alcalde Colton says : " During his brief 
sojourn in California, his considerate disposition, his 
amiable deportment, and generous policy endeared 
him to the citizens. They saw in him nothing of the 
ruthless invader, but an intelligent, humane general 
largely endowed mth a spirit of forbearance and 
fraternal regard." ^ 

It was exceedingly fortunate that Colonel Mason, 
his successor, was a man of like character. 

The situation required a firm hand at the helm. 

The storm of war had passed, but the ground-swell 
of public excitement was still threatening. 

It is seen in his report to the adjutant-general at 
Washington, in which he says, "When you remember 
the extent of the coast and frontier; the great numbers 
of Indians upon the immediate border, who know 
that a change of government has been effected in this 
country, and are watching its effects Upon the charac- 
ter of the people, as to whether it is better for them to 
live on as thieves and robbers or as friendly tribes, — 
you can readily appreciate my anxiety in contempla- 
tion of what may happen. 

"There are other dangers in this country I must 
point out. The number of natives and foreigners in 
the country are nearly balanced, and of course a 
strong jealousy exists between them, not only on the 

1 "Shubrick and Kearnywere cordial; neither of them had in view 
any other object than the fulfillment of his instructions." — JBTiifei?, vol. 
2, p. 467. 



66 The Transition Period of California. 

score of which government shall prevail, but as to 
ideas of personal liberty, property, and all the every- 
day dealings of life. There are subordinate jealousies, 
too, between the foreigners of different nations, the 
old settlers and the new; and, indeed, when you re- 
member that a great part of these foreigners are 
deserters from ships, and men who have been ac- 
customed to lead a lawless life, you can see what con- 
fusion would result from the withdrawal of strong 
authority well backed by force." ^ 

And not only was Governor Mason the right kind 
of man for the place, but he was exceedingly fortunate 
in the men he called to assist him. 

There was Lieutenant William T. Sherman, then of 
the United States artillery, a young officer already 
showing himself a man of resources and superior 
ability. 

Then there was Lieutenant Henry W. Halleck, of 
the topographical engineers. 

Governor Mason appointed him secretary of the 
territory on August 13, 1847, and thus secured the 
services of a man singularly fitted for the position. 

He was not only a distinguished member of his 
corps, but a trained laAvyer as well, and a man versed 
in modern languages, especially the Spanish. 

He was a man of calm, judicial mind, fitted to handle 
questions of public law, which he had made a study. 

And it was well for the country that he possessed 
just these traits of character and these qualifications, 
for it afterward appeared how vital they were to its 
welfare. 

I Bancroft, vol. 22, p. 584. 



The Transition Period of California. 67 

Lieutenant Halleck and a brother officer lived to- 
gether in a log house a little distance from Colton 
Hall, and took their meals wherever they could find 
them, for there was not a pubUc table or hotel in 
Monterey. 

Governor Mason occupied a house downtown, not 
far from the custom-house, and the government offices 
were in the Cuartel, a long building situated in the 
part of the town toward the church. 

Here the expresses came in, — on horseback, of 
course, for there was no other means of conveyance, and 
from here they went out to the alcaldes and military 
officers in the north and in the south, while the mili- 
tary at the fort on the hill overlooking the harbor was 
held in reserve for emergencies. 

At the same time. Alcalde Colton held his daily 
court, and dispensed justice as he thought was right, 
and there is no record that Governor Mason ever 
called in question any of his decisions.^ This could 
not be said of other alcaldes, for he frequently over- 
ruled their decisions, and sometimes removed them 
from office. 

Mr. Colton was a man of delicate build, refined in 
taste and manner, educated at Yale College, trained 
to a literary life, a clergyman by profession, and from 
the position of chaplain on the Congress was assigned 
to this duty on shore. 

He was a keen observer of men. Those penetrating 
eyes of his read character quickly. He was a man of 

1 " Governor Mason distinctly held the alcaldes not to be authorities 
of the United States, but merely authorities of the military government 
of California, and subject to removal by the military governor." — Hittell, 
vol. 2, p. 658. 



68 The Transition Period of California. 

ready wit and playful humor, but firm and inflexible 
in his judgments. 

Nobody could trifle with him. Early in his admin- 
istration he gained the confidence of the people for 
honesty and truth, so that when it came to a popular 
election he was chosen by a large majority. 

He first introduced trial by jury in California. It 
was on September 4, 1846. He was the terror of gam- 
blers and horse-thieves. Drunkards and vagrants, on 
whom he imposed fines, he put to work if they could 
not pay, and generally they could not.^ 

With this labor, and the fines that were collected, 
he built " Colton Hall," a large stone structure which 
has since become historic. 

Any New Englander who prepared for college fifty 
years ago would see that the building was intended 
as an academy, with its two large rooms on the first 
floor, and one large hall occupying the entire space 
above. 

The people of Monterey did not know that he mod- 
eled it after the academy, probably the one where he 

1 Cotton's Three Years in California, p. 188: — 

" In the mean time I shall set the prisoners quarrying stone for a 
schoolhouse, and have already laid the foundations. 

"The labor of the convicts, the taxes on rum, and the banks of the 
gamblers must put it up. Some think my project impracticable. We 
shall see." 

Page 356 : — 

"March 8. The town hall, on which I have been at work for more 
than a year, is at last finished. It is built of a white stone, quarried 
from a neighboring hill, and which easily takes the shape you desire. 
The lower apartments are for schools, the hall over them — seventy feet 
by thirty — is for public assemblies. The front is ornamented with a 
portico, which you enter from the hall. It is not an edifice that would 
attract any attention among public buildings in the United States, but 
in California it is without a rival." 



The Transition Period of California. 69 

himself began his education, but he believed that in 
time their children would put it to just that use, 
though now they did not know what an academy- 
was. 

At any rate, it would be a permanent public build- 
ing, suitable for many uses, erected by means of fines 
and labor that would otherwise subserve no public 
purpose. 

Mr. Colton's prolonged administration in the im- 
portant jurisdiction of Monterey, preserving peace and 
administering justice,^ was a very important auxiliary 
to the administration of Governor Mason. He was 
popular in the best social circles in the town, a man 
of blameless life, against whom, when he left his re- 
sponsible and difficult office, no one was found to 
speak ill. 

With such men to aid him in his delicate work. 
Governor Mason went on in the discharge of his duty, 
while the war in Mexico was drawing to a close. 

The summer and the fall of the year 1847 passed in 
California, unmarked by any events of special impor- 
tance. 

Population was slowly increasing, and the town of 
San Francisco was showing signs of growth. 

There were some fifty houses in the place, and a 

1 Walter Colton was born in Georgia, Franklin County, Vermont, in 
1797. He spent his boyhood in Hartford, Connecticut, and there fitted 
for college. He graduated from Yale College in 1822, and from Andover 
Theological Seminary in 1825. He was appointed chaplain in the United 
States navy by General Jackson in 1829, and when at sea wrote several 
books. He was chaplain on the Congress (Commodore Stockton) when 
she arrived at Monterey in July, 1846. He was appointed alcalde there, 
serving three years, till 1849. He went East, and was stationed at 
Philadelphia navy-yard, and wrote Three Years in California. He died 
in Philadelphia, January 22, 1851. 



70 The Transition Period of California. 

census showed a population of four hundred and fifty- 
nine persons.^ 

Among the citizens there were men of intelligence 
and ability. They elected a "town council" to help 
the alcalde, and they had a newspaper, and were 
talking about a school and a church, and were survey- 
ing streets and selling lots. 

They were not afraid to invest in real estate, for 
nobody had any idea that the war would close without 
leaving California a territory of the United States. 

American enterprise began to appear, also, in the 
northern valleys. The farmers who left their homes a 
year before, and joined the company of " mounted 
rifles," to take part in the conquest of the country, 
had now returned, and the rising business which began 
to be apparent showed their presence. 

But they soon manifested discontent with the ex- 
isting system of government. 

The " alcalde " method did not suit them. Men of 
courage and enterprise enough to form emigration 
companies the other side of the Mississippi, and govern 
themselves in a five-months' journey overland to Cali- 
fornia, were not the men to long submit to any 
system of law, other than that which they made them- 
selves.^ 

Evidence enough of this is seen thus early, in ac- 
counts of meetings in several places in the northern 
part of the country, published in the newspaper. 

1 Hittell. vol. 2, p. 688. 

2 " Of aU men whom I ever met, the most firm, resolute, and indomi- 
table are the immigrants into California. They feel that they have got 
into a new world, where they have a right to shape and settle things in 
their own way." — Alcalde Colton, in Three Years in California, p. 374. 



The Transition Period of California. 71 

They expect to tolerate existing conditions only so 
long as the war continues, and then become, through 
the action of Congress, a territory of the United States. 

Meanwhile, they build themselves houses, such as 
they can, and fence their fields, and when the winter 
rain falls, put in their crops, and look forward to the 
coming spring. In anticipation of coming harvest, a 
grist-mill needs to be built. 

But first a saw-mill must be put up, to cut the 
lumber, without which no progress could be made in 
any branch of business. 

Captain Sutter, with others, undertakes the work. 
They find a suitable location for their purpose on the 
North Fork of the American River. 

By the middle of January of the new year, 1848, the 
structure is up, and the mill nearly ready to run. 

But it is found, on experiment, that the race leading 
the water from the wheel was not deep enough. So 
the flood-gates were opened, and the swift current of 
water was allowed to run all night, to deepen it. In 
the morning the current was shut off and the race 
was examined, and then and there, on January 24, 
1848, was made the great discovery that attracted the 
attention of the whole civilized world to California.^ 



1 "This was not really the first discovery of gold in California. 

" In 1843 and 1844, the priests in the Missions San Jos6 and Santa Clara 
told W. H. Davis as a great secret, ' that some of their Indians had told 
them that they had found gold in the Sacramento Valley, and had 
showed them specimens, but that they had enjoined upon the Indians 
not to reveal the fact, for fear of the wrath of God, and that they had 
obeyed.' 

" The motive of this was to prevent an incoming rush of gold-seekers. 
Protestants would swarm, and the Catholic religion would be endan- 
gered."— W. H. Davis, in Sixty Years in California, p. 233. 



72 The Transition Period of California. 

And it may be well to mention, at this point, that 
this discovery was made only ten days before Califor- 
nia was ceded to the United States by treaty, in the 
city of Mexico, though the news of the transaction 
did not reach here till August following. 

Had it been made much sooner, and before the oc- 
cupation of the territory by the United States, it is 
hard to imagine the difference it would have made in 
the destiny of California. 

The finding of gold in paying quantities in the loose 
earth was something altogether unprecedented, and 
those who picked up the nuggets from the mill-race 
that morning were themselves slow to believe that it 
was really gold! 

And it was weeks, and even months, before the news 
of the discovery was sufficiently credited to affect 
business. 

It was the 29th of May before the first rumor of it 
reached Monterey, and considerably later before it 
was sufficiently believed to induce people to drop 
business and take the long, hard journey to see for 
themselves. 

But the news was so astounding that private letters 
were dispatched at once to various points in the East, 
by one express or another, some of which reached 
their destination late in September, 1848, and quickly 
appeared in some of the newspapers.^ 

But the truth of the statements which they con- 
tained was so improbable, that they were not believed 

1 Rev.^Walter Colton made the earliest announcement of the great 
discovery to the Journal of Commerce, in New York, in a letter addressed 
to that paper. 



The Transition Period of California. 73 

till they were confirmed by a dispatch to the govern- 
ment from Governor Mason and Lieut. W. T. Sherman. 

But when it was believed, it caused such an emigra- 
tion as had never been known before, and it all cen- 
tered in the gold-fields of California. 

But here in California, before the end of the year 
1848, it had revolutionized all business and all values, 
and threw all civil and domestic affairs into unheard- 
of confusion. 

If the orderly mind of Governor Mason was sorely 
tried with the perplexities of his office before, it was 
ten times more so now. 

The mustering out of volunteers had reduced his 
military force, and yet he is to be held responsible for 
maintaining order among a population far from rec- 
onciled to the authority of his country, and into which 
is suddenly to pour unknown numbers of youthful ad- 
venturers in a wild rush for gold. 

At the same time he writes to the government: 
"Troops are needed here, greatly needed, but of what 
use is it to send them, with the positive certainty of 
their running off to the gold mines as soon as they ar- 
rive, taking with them whatever public property they 
can lay their hands on?" 

But he holds on, and watches events. Where he finds 
subordinate officers honest, he trusts them. And even 
when the people themselves administer justice in cases 
of flagrant crime, he is only careful to be sure that the 
criminal has a fair trial. He finds it impossible to get 
on without laying aside technicalities. 

Guided in this way, pubhc affairs move on more 
smoothly than might have been anticipated. 



74 The Transition Period of California. 

In the mines, in the fall of 1848, the people were so 
busy and so successful that there hardly seemed to be 
temptation sufficient to lead to theft or violence, and 
the mining-camps were learning to be self-governing 
communities. 

Governor Mason, visiting the mines about this time, 
says there is good behavior, that crimes are infrequent, 
that peace prevails, that there are no thefts or robbe- 
ries, though all live in tents or bush houses, and often 
had about them thousands of dollars' worth of gold. 

But the miners soon learned by experience the ne- 
cessity of civil organization, and as crowds of men of 
various nationalities, some of them of bad character, 
outlaws, and desperadoes of the worst type, came in, 
honest and industrious men were obhged in self-defense 
to unite and hold them in wholesome fear. 

But they had no legal right to elect any officer but 
the alcalde, from whom there could only be an appeal 
to Governor Mason. ^ 

1 Shinn's Mining Camps: — 

"In July, 1849, there were fully fifteen thousand people in Sonora, 
from Sonora, Mexico, Chili, and the Isthmus, many of them armed in 
bands, some of them outlaws and desperadoes of the worst type. 

" Over against them was a little camp of Americans, who elected 
their alcalde and organized themselves for self-protection. Suspicious 
characters, both Mexican and American, were notified to leave. Crimi- 
nals were followed, captured, and punished. Camps south of Placerville 
were more turbulent than those north, but all needed law and justice." 
(P. 141.) 

"There were times in almost every mining-camp when the rowdy 
element came near ruling, and only the powerful and hereditary organ- 
izing instincts of the Americans present brought order out of chaos. 

" In nearly every crisis there were men of the right stamp at hand to 
say the brave word or do the brave act, — to appeal to Saxon love of 
fair play, or seize the murderer, or defy the mob." (P. 148.) 

" DiflSculties with foreigners were inevitable, and they served to weld 
the Americans into closer union; but foreigners were often treated 
most unjustly." (P. 213.) 



T/ie Transition Period of California. 75 

Consequently, the governor found himself responsi- 
ble for maintaining order in this great territory, the 
northern portion of which was in this anomalous con- 
dition, and the southern half held in no very willing 
subjection. 

But he succeeded in doing it reasonably well, assisted 
as he was by his secretary of state and other able of- 
ficers. 

" Columbia was a typical mining-camp. On March 27, 1850, five pros- 
pectors, all New Englanders, camped beside a gulch and tested the 
gravel. To their delight, it Avas found they could make eight or ten 
ounces a day to the man. 

" They proceeded to wash gravel with their utmost energy, knowing 
that others would soon find the gulch. 

" Within thirteen days there were eight thousand miners in the new 
town. 

" Many gamblers came with the crowd, and at one time there were 
not less than a hundred and forty-three monte and faro banks in opera- ' 
tion, the funds of which were nearly half a million of dollars. 

"Within a fortnight, the need of some system of government was 
manifest. 

" A public meeting was called. Two or three days later, another. An 
alcalde was chosen and laws agreed upon." (P. 280.) 



CHAPTER IX. 

News Comes of Treaty of Peace with Mexico — Proclaimed August 7, 1848 
— Territorial Government Expected from Congress — Prevented by 
the Slavery Discussion — Governor Mason Worried — Really no Law, 
and very little Force at Hand — Secretary Buchanan's Advice — Gen- 
eral Disappointment in California — People Preparing to Frame a 
Government for Themselves — Conventions Held — February 23, 1849, 
the California, the First Steamship, Pacific Mail Line, Arrived at 
Monterey — General Bennett Riley Arrived in April and Relieved 
Governor Mason — Congress Adjourned, and Failed to Organize a 
Territorial Government. 

Early in August, however, came the news of the 
ending of the war, and the ratification of tlie treaty of 
peace with Mexico, which meant the end of Mexican 
dominion in California, and the substitution of the 
sovereignty of the United States. 

This event Governor Mason made known by procla- 
mation on August 7, 1848. 

But it raised new^ and very perplexing qviestions, 
w^hen it seemed as if there were more of them than 
could be handled before. 

The civil government existing under the law of 
nations while the country was a conquered province 
in our military occupation, was now at an end. 

Recognizing this in his proclamation, he points to 
Congress as the only power able to establish a govern- 
ment, and says that there is every reason to believe 
that it has already passed the act, and that a civil 
government is now on its way to this country to re- 
place that which has been organized under the rights 
of conquest. But the looked-for government was 



The Transition Period of California. 77 

waited for in vain. The question of the permission of 
slavery in this newly acquired territory divided Con- 
gress, and they could agree upon no legislation repla- 
cing the Mexican system. 

And yet the President had said, in his message to 
Congress on July 6th, that "since the cession of Cali- 
fornia to the United States, the Mexican system has 
no longer any power, and since the law resulting from 
our military occupation has come to an end by the 
ratification of the treaty of peace, the country is with- 
out any organized government, and will be until 
Congress shall act." 

And yet Congress could not agree upon any action. 

Meanwhile Governor Mason feels keenly the in- 
creased perplexity of the situation. In view of proba- 
ble confusions, if not absolute anarchy, he does not 
see any way clear for the maintenance of order. 
" What right or authority have I," he writes to the 
adjutant-general, " to exercise civil control in time 
of peace in a territory of the United States? Or, if 
sedition and rebellion should arise, where is my force 
to meet it? Two companies of regulars, every day 
diminishing by desertions that cannot be prevented, 
will soon be the only military force in California; and 
they will, of necessity, be compelled to remain in San 
Francisco and Monterey to guard the large depots of 
powder and munitions of war, which cannot be moved. 
Yet, unsustained by military force, or by any positive 
instructions, I feel compelled to exercise control over 
the alcaldes appointed, and to maintain order, if pos- 
sible, in the country until a civil governor arrives, 
armed with instructions and laws to guide his foot- 



78 The Transition Period of California. 

steps. ... In the mean time, however, should the 
people refuse to obey the existing authorities, or the 
merchants refuse to pay any duties, my force is in- 
adequate to compel obedience." 

It is quite easy now to read calmly Governor 
Mason's statement of this condition of things as he 
had then to face it, but it was far from easy for liim 
to know how to meet it then. 

Southern California was restless and sullen; the 
immigrant population from the Western states, in the 
north, would not endure the alcalde government; and 
the miners in the mountains would tolerate no govern- 
ment but what they extemporized for themselves. 

Disorder and violence were liable to break out at 
one point or another at any hour, and if it did, there 
was no force to control it. Moreover, there was no 
authority to use force, if it had been at hand. Con- 
gress could not agree on a government to replace that 
which they had destroyed. 

And yet this country was separated by the whole 
breadth of a continent from any source of relief, if 
trouble should arise. In time, it was a six-months' 
journey. All concerned reahzed the extreme delicacy 
of the situation. 

Mr. Buchanan, Secretary of State, writes that though 
government under the war-power ha« ceased, and 
Mexico has no longer any authority, the termination 
of the war "left an existing government, a govern- 
ment de facto, in full operation; and this will con- 
tinue, with the presumed consent of the people, until 
Congress shall provide for them a territorial govern- 
ment." 



The Transition Period of California. 79 

But Governor Mason knew that the " consent of the 
people" could not be depended on, — certainly not for 
any length of time, — and he did not see what course 
he could take in case of their refusal. 

Already, in 1848, conventions were held in several 
towns to consider the question of establishing some 
government different from that of the alcalde system. 

Among the newer citizens there were some trained 
in the law, and many who were familiar with the 
principles and administration of government, and who 
knew as well as the President or the Secretary of 
State the real situation of the country, as regarded 
law. And they had small patience with any " de 
facto^^ system of government derived from such a 
country as Mexico. 

When they learned that Congress had adjourned 
without giving the country a territorial government, 
they were disappointed, and immediately began to 
talk about their right, under the circumstances, to 
form a government of their own. 

And yet Governor Mason was firm in his support of 
the government as it was, relying on Congress to take 
the needed action at its next session the following 
winter. 

Fortunately for him, the public mind was absorbed 
in the gold excitement, and could not stop to think 
much about anything else, and though some atrocious 
crimes were committed and justice was not very 
swift, there was no general disorder or organized 
movement for superseding the existing government by 
one organized by the citizens themselves. 

And so the winter of 1848-49 went by. It was a 



80 The Transition Period of California. 

very rainy winter. The earth became saturated with 
water, and traveling on horseback, which was the 
only mode of travel, was very difficult. Consequently, 
consultations looking toward the framing of a govern- 
ment here were delayed, and appointments were put 
off to a later date. But they were not given up. 

One morning, late in February, 1849, a steamship 
made her appearance in Monterey harbor, — the Cali- 
fornia, — the first ever seen on this coast. 

She was the first of the Pacific Mail line, and came 
direct from Panama, crowded with passengers, mostly 
bound to the mines, and brought home news up to 
about the middle of January. 

But in it there was no solution of the problem of 
government, though Congress was in session, and a 
new President (General Taylor) was about to be in- 
augurated. All were disposed now to wait and see 
what might come to California's advantage from the 
change of administration. 

The steamship passengers were enthusiastically 
welcomed by the citizens of Monterey; but their main 
question was, how to get soonest to the mines. In a 
few days the steamship took them to San Francisco, 
and from thence they hastened on by such means as 
best they could. 

But some of us, among whom was the writer, re- 
mained in Monterey and learned more or less about 
the difficulties of the governmental situation. They 
were all news to us. It was only gradually that we 
came to comprehend them. 

We found Governor Mason a large, fine-looking 
man, every inch a soldier, and yet a gentleman in all 



The Transition Period of California. 81 

his bearing. He was not fretted by lack of conve- 
niences, if they could not be had. He invited me to 
dinner, with Rev. Walter Colton, one day soon after 
our arrival, and he presided with perfect grace, though 
only an oilcloth covered the table, and the dinner 
consisted of but one course, and that was a single rib 
of beef roasted, with stewed frijoles, and bread, fol- 
lowed by coffee. 

It was the best the town afforded, and he was glad 
to get an Indian to cook it, for he told us that the 
cook he had the day before ran away in the night, 
and he had that morning to get his own breakfast and 
make his coffee. But he did not seem to be particu- 
larly annoyed by what could not be helped, and by 
inconveniences which were common at the time. 

A single artillery company occupied the fort on the 
hill, under the command of Captain Burton, and Cap- 
tain Halleck was a diligent worker as secretary of state 
at the government headquarters. 

It was the confident expectation of those who knew 
most about the prospect of Congressional legislation 
for California that, under the urgent recommendation 
of the President, some way would be found in the 
emergency, and a territorial government would be 
framed for the country. 

Though no news of definite action was brought by 
the steamship, it was remembered that at the date of 
her latest dispatches. Congress had not been long in 
session, and at the same time attention was absorbed 
by the details relating to the change of administra- 
tion and the inauguration of the new President. At 
the same time, the second steamship was soon to be 



82 The Transition Period of California. 

due, and she would very likely bring news of the ex- 
pected action of Congress. 

So the spring advanced, the whole country was 
dressed in flowers, and traveling became practicable. 

Some time in the night of the last day of March, 
1849, the loud report of a gun was heard in the har- 
bor, and in the morning it was found that the steam- 
ship Oregon had been in, and left her mail, and had 
gone on to San Francisco. 

With intense interest the government officials 
opened their dispatches and read the papers that 
morning, expecting to find news of the organization, 
by Congress, of the territory of CaHfornia. 

But they did not find it. To be sure, Congress was, 
at last accounts, within a very few days of its end, 
which must take place on the 4th of March, but 
parties were determined, and it could not be told 
what would be the result. 

It was a time of keen anxiety, for as the spring ad- 
vanced, the restlessness mth existing government con- 
ditions was sure to increase, and the liability to 
disorder among the incoming multitudes would cer- 
tainly be very great. 

When the next mail would arrive, no one could tell. 
If the steamship Panama, the third of the mail line, 
got around Cape Horn on time, and made her trip up 
according to the schedule, she would not be due here 
before May, and might not bring the latest news then. 

Under the stress of the circumstances, it was hard 
to think of waiting in uncertainty. 

There was one way by which news of the closing 
action of Congress might be obtained earlier, and 
with certainty, and that was by sending to Mazatlan. 



The Transition Period of California. 83 

So the United States propeller Edith was dispatched 
at once to that port to get the latest news. Mean- 
while a very important event took place. On the 
12th of April, General Bennett Riley arrived, from 
around Cape Horn, in a transport ship, accompanied, 
a few days later, by two other ships, bringing a regi- 
ment of soldiers. 

General Riley came under appointment of President 
Polk, to relieve Colonel Mason at his own request, and 
become governor in his place. 

This office he assumed the day after his arrival, on 
the 13th of April, and at once Colonel Mason pre- 
pared to go East on the first opportunity.^ 

Governor Riley at once reappointed Captain Hal- 
leck secretary of state, and sat down with him to 
make himself acquainted with the political situation 
of the country. 

General Riley was a man of ripe experience, a 
soldier from his youth, large of stature and of com- 
manding appearance, possessed of good judgment, 
strong common sense, and firmness of purpose. 

He knew how to appropriate to himself the knowl- 
edge and experience of others, and then exercise upon 
the widest information obtainable a sound judgment. 

He was well qualified to take up the delicate work 

1 General Sherman, in his Memoirs, says of Colonel Mason: "While 
stern and honest to a fault, he was the very embodiment of the prin- 
ciple of fidelity to the interests of the general government. 

" He possessed a strong native intellect, and far more knowledge of 
the principles of civil government and law than he got credit for. 

" iCnowing him intimately, I am certain that he is entitled to all 
praise for having so controlled the affairs of the country, that when his 
successor arrived, all things were so disposed that a civil form of govern- 
ment was a matter of easy adjustment." — .S'/!en?ia?t's Memoirs, p. 64. 

Colonel Mason left California on the steamer of May 1, 1849. He died 
at St. Louis, of cholera, but a few months later. 



84 The Transition Period, of California. 

of piloting this remote and restless territory out of its 
chaotic condition into a regularly organized American 
state. It did not take him long to comprehend the 
situation. He saw at once that the practice of the tra- 
ditional system of Mexican law must come to an end. 

And he saw that if it did not come to an end 
through the action of Congress in organizing a terri- 
tory, the citizens of the country themselves would be 
obliged, as a measure of self-protection, to bring it to 
an end by their own action. He learned, moreover, 
that they were well aware of this. 

He was told that on the 11th of the preceding De- 
cember a pubHc meeting was held in San Jose to dis- 
cuss the subject of organizing a government, and it 
resulted in the recommendation that a constitutional 
convention be called to meet in January, 1849. But 
under the conditions of travel that winter, it could 
not be brought about so soon. 

A little later in the same December, very large 
meetings were held in San Francisco, which passed 
resolutions in favor of calling a constitutional con- 
vention to be held in San Jose in the following March. 
Other meetings of a similar character were held in 
Sonoma, Sacramento, and elsewhere, and the actual 
calling of the proposed convention was only delayed 
by the difficulty of agreeing upon a time for holding 
it, and getting notice so distributed as to secure at- 
tendance of delegates from all parts of the country. 

The fact was, that there was a general determination 
on the part of the people to frame a government for 
themselves, if Congress failed to frame one for them. 

It was spontaneous and decided, and now that the 



The Transition Period of California. 85 

conditions of travel were favorable, concerted action 
only awaited the final news from Congress. 

Governor Riley was informed of all this in detail 
by his secretary, Captain Halleck, and other well-in- 
formed persons, and it did not take him long to 
resolve, in case Congress should fail to give California 
the needed government, that he would take the initia- 
tive, and, in accord with the general desire, call a con- 
stitutional convention that might assemble and act in 
a substantially legal way. 

To this end, in order that there might be no delay 
when news from Washington should come, a procla- 
mation was very carefully prepared beforehand, call- 
ing a convention to form a constitution, to meet in 
Monterey on the first day of the following September. 

It was necessarily long, specifying the quaUfica- 
tions of voters for delegates, and giving all the 
directions for their orderly election, and at the 
same time calling for the election of officers to fill all 
vacancies in the existing Mexican system, to hold 
office until the new system could be organized and be 
ready to go into operation. 

And so, in Monterey, the summer days went by in 
silence and expectation, till, on the 28th of May, the 
steamer Edith appeared on her return from Mazatlan. 

She brought papers from the United States that set- 
tled the question. The session of Congress had closed, 
and no government whatever had been provided for 
California. The revenue laws had been extended over 
it, and laws were enacted for the establishment of mails 
and post-offices in the territory. That was all. 

There was then no delay in proceeding to put into 
execution here the plan as already agreed upon. 



CHAPTER X. 

Convention Called by Governor Riley to Form a State Constitution, June 
3, 1849 — Election of Delegates, August 1st — T. Butler King Arrived, 
Confidential Agent from President Taylor — The Convention Met in 
"Colton Hall," Monterey, September 1, 1849 — Analysis of its Mem- 
bership. 

Five days only after the arrival of the news by the 
Edith, the proclamation calling the constitutional 
convention was sent out by expresses, and posted up 
in all the usual places for public notices. This was 
on June 3, 1849. It was a measure deemed to be 
right by the governor and his advisers, and was mani- 
festly in accord with the demand of all the people 
who had taken enough interest in the matter to ex- 
press themselves upon it. 

But these, it must be remembered, were by no 
means all who would now be called upon to pass upon 
it. There was the native Spanish population, occupying 
almost exclusively the southern half of the territory, 
who were not then taking very kindly to their transfer 
to the United States, and who, as yet, were but little 
acquainted with the details of responsible American 
citizenship. 

It was very uncertain whether they would welcome 
a change in the legal system which was traditional 
with them, and take part in bringing in a new one, to 
be administered in a language foreign to them, upset- 
ting all their familiar associations and usages. 

It was doubtful whether they would take pains 
enough to study the proclamation sufficiently to con- 

86 



The Transition Period of California. 87 

form to its directions in the election of delegates. 
And* then it would remain a question whether the 
delegates, if properly elected, would take pains to 
make the journey to Monterey and act, as they would 
be obliged to, through an interpreter. 

At the same time, it was exceedingly uncertain 
whether the nomadic camps in the mines would stop 
to read the proclamation, and find the boundaries of 
their voting districts, and elect delegates that would 
be anywhere within call on the 1st of September, 
and be willing to drop their mining tools, and make a 
long and fatiguing journey to Monterey, and spend 
the necessary time to frame a state constitution. 

Furthermore, in San Francisco and in some other 
places there was a stout unwillingness to acknowl- 
edge General Riley's authority to act as civil governor 
or to call a convention to form a state constitution. 

At first it was resolved, in a public assembly of the 
citizens, not to respond to the call of the proclama- 
tion, or send delegates to the proposed convention, 
because it would seem to be yielding to ''mihtary au- 
thority" in civil affairs. And it was only when, on 
reflection, it was seen that in this way there would be 
a better prospect of getting a convention together at 
all, than in any other way, that they yielded, and 
took the necessary measures to elect delegates. 

These are only a part of the elements of the uncer- 
tainty that rendered the result of the effort in behalf 
of a state government very doubtful at that time. 

Very little help could be had from the press in mak- 
ing known the facts and influencing public opinion, 
for there were but one or two small weekly papers, 
and their circulation was limited. 



88 The Transition Period of California. 

To travel over these great spaces and enlighten the 
public and prepare them for intelligent action was 
at that time something exceedingly laborious and ex- 
pensive, for there were no stages on the land or steam- 
boats on the water. Still, by one means or another, 
the leading facts of the situation became generally 
known, especially to the American population. 

By the proclamation, August 1st was appointed as 
the day for the election of delegates to the proposed 
convention. 

About the 1st of July, Governor Riley, with his 
staff, visited the mines. He wanted to make himself 
acquainted with the people, and learn personally the 
pecuharities of their situation, taking occasion to an- 
swer questions that might be asked concerning the 
contemplated measures looking toward a state govern- 
ment. 

His journey was long and fatiguing, but it served 
an excellent purpose in doing away with prejudice, 
which many entertained against his administration as 
a military officer, and removing objections to the 
measures that he proposed. 

All these movements toward a better system of gov- 
ernment here originated with the people, and were 
seconded by the governor. 

This should be particularly noted and remembered, 
in order that what follows later may be rightly under- 
stood. 

It should be also remembered that whatever instruc- 
tions General Riley received in Washington he received 
from President Polk and his administration. For he 
received his instructions in October, 1848, and sailed 



The Transition Period of California. 89 

for California, in the transport ship Iowa, on the 7th 
of November, the day after the Presidential election 
which resulted in the choice of Zachary Taylor. 

Therefore, whatever readiness General Riley showed 
to favor immediate action toward the organization of 
a state government by the people, in the absence of 
any action by Congress, must have been in accord 
with the wishes of President Polk and his Cabinet. 

And when, in March, 1849, the new administration 
came into office, and sent Congressman T. Butler 
King as its confidential agent to California, he only 
repeated the wish of the preceding administration 
when he urged prompt action here on the ground in 
organizing a government, inasmuch as Congress had 
not been able to agree upon one. 

So that it was well known that the new administra- 
tion would favor any wise action calculated to give 
the good government the country so much needed. 

Therefore, notwithstanding the many doubts and 
uncertainties in the way, those people here in Cali- 
fornia who had come to take a real interest in the 
country determined to coincide with Governor Riley's 
plan. 

The election of delegates to a constitutional conven- 
tion according to the governor's proclamation was a 
success in all parts of the country.^ 

It took place on August 1st, and the returns came 
in as soon as they could be looked for under the con- 
ditions of travel at that time. 

1 "In the election of delegates, no questions were asked about a can- 
didate's politics; the object was to find competent men. {T. Butler 
King's Report.) "—Bancroft, vol. 6, p. 282. 



90 The Transition Period of California. 

The interest manifested in this election greatly in- 
creased confidence in the success of the undertaking, 
although there remained great uncertainty as to the 
assembling of the delegates from such long distances 
at the appointed time. 

September was a harvest month in the mines, and 
not many miners would think they could afford to 
give it to the political interest of a country in which, 
perhaps, they had no idea of remaining longer than 
temporarily. 

And then the Spanish-speaking delegates at the 
south knew but little about the work of state-building. 
And as a conquered people they could not be ex- 
pected to be especially zealous in joining with their 
conquerors in framing a new government in an un- 
known language. 

So the month of August was passed in a good deal 
of anxiety. 

The days in Monterey were very quiet. Very few 
men were to be seen about town, for they were away 
in the mines. 

There were some soldiers at the fort, who did not 
run away, and a number of officers, of various military 
rank, who were on duty at army headquarters, but in 
those long summer days there was nothing to indicate 
the magnitude of the questions that were about com- 
ing to a settlement there. The stir and the excite- 
ment of the time was at the north. In Monterey the 
governor and his secretary received their express dis- 
patches, and awaited the time of the assembling of 
the convention, on which they well knew so much de- 
pended. 



The Transition Period of California. 91 

As it came near September, the school that had 
been taught in Colton Hall since March was sus- 
pended, and carpenters were set to work to prepare 
the large hall in the second story for the sessions of 
the convention. 

This was soon done, and though in a very simple 
and inexpensive way, the room was so well adapted 
to the purpose that it furnished every convenience re- 
quired for the occasion. 

If Alcalde Colton had known this important use that 
awaited his fine stone building, he could hardly have 
constructed it so as better to subserve its purpose. 

The question of the entertainment of delegates for a 
month or six weeks had to be left to solve itself. 
Monterey, a town of twelve or fifteen hundred inhabi- 
tants, had no hotels. 

Families lived in their own homes, and counted 
themselves fortunate if they could each keep an In- 
dian boy or girl or two to cook and do the indispensa- 
ble housework. 

None of them felt called on, in the absence of the 
man of the house, to entertain stranger men, es- 
pecially those of whose language they could neither 
speak nor understand a word, and of the importance 
of whose business there they knew nothing. 

Only one single home in the town — that of Thomas 
O. Larkin — was in a situation to extend hospitaUty, 
and even that must be limited, because his wife was 
an invalid.^ y 

1 It ought to be said, in this connection, that some of the officers be- 
longing to General Riley's staff entertained quite a number of delegates, 
though their quarters Avere hardly equal to the wants of their own 
families, and no reliable household service could be obtained. 



92 The Transition Period of California. 

But, in anticipation of the coming company, one 
hotel was extemporized, and a number of restaurants; 
and inasmuch as the delegates must of necessity sleep 
in their blankets on the way, they would be at hand 
for use there, and some place would be found where 
the owners could spread them. Some might prefer 
the open air and the warm, dry earth under the pine 
trees, to any house-accommodation whatever. 

The dozen delegates from southern California would 
have no difficulty in finding entertainment, for they 
had friends and relatives in Monterey, who would 
claim them as guests, turning out to pasture the 
bands of horses on which they would come, and hav- 
ing them ready for their return. 

But the time of uncertainty as to the assembling of 
the convention was near its end. 

What had been learned through correspondence en- 
couraged the hope that the delegates chosen would 
come together according to the call. 

At last Saturday, the 1st of September, came,^ but at 
noon only ten delegates appeared. They brought 
news, however, that many more were known to be on 
the way, and so those present, after organizing, a quo- 
rum not being present, adjourned to meet again on 
Monday, September 3d, at 12 m. 

On Monday, at the appointed hour, the convention 
came together, and found a quorum present and ready 
to proceed to business. 

But recognizing the need of more than human wis- 

1 As I write these words, I am reminded that it is just fifty years to- 
day— September 1, 1899— since the constitutional convention began its 
sessions in Monterey. 



The Transition Periods of California. 93 

dom in the work of founding a state under the un- 
precedented conditions of the country at that time, 
the present writer, who was there as a spectator, was 
asked to open the session with prayer. Subsequently, 
it was resolved that the sessions of the convention be 
opened every morning with prayer, and that the resi- 
dent clergyman, Padre Ramirez, and myself officiate 
alternately. 

It is not my purpose to narrate the proceedings of 
the convention, only so far as they relate to matters 
likely to facilitate or to hinder the admission of Cali- 
fornia by Congress as a state of the Union. On all 
other questions there was reason to expect substantial 
agreement, but about these there was the greatest un- 
certainty. 

This will become plain when we study the composi- 
tion of the convention. 

It consisted of forty-eight men. They were princi- 
pally young men. More than half of them were be- 
tween thirty and forty years of age. Of the rest, one 
half were over forty, and the other half under thirty. 

Eight were native CaUfornians, using the Spanish 
language, who said but little, but by means of an in- 
terpreter watched carefully the proceedings, and gen- 
erally voted together, and on the side of the majority. 

As to the bias of the other members, it may be in- 
ferred from the fact that twenty-three were natives of 
free states and fourteen of slave states, and that 
twenty had come here from free states and seventeen 
from slave states. 

They, most of them, met for the first time at this 
convention, knowing nothing of each other's antece- 



94 The Transition Period of California. 

dents, occupations, politics, or religion. There was no 
time after their election as delegates in August for 
them to meet or confer together, or form cliques or com- 
binations, before assembling on the 1st of September, 
if any of them had been so disposed. 

All of them were men of average intelligence. 
Fourteen of them were lawyers, and two or three had 
had some experience in the business of legislation. 

There were very few books of reference within their 
reach, but there had been procured for them copies of 
the constitutions of the other states, especially of Iowa 
and New York, the most recently framed. 

There was no printing-press in Monterey, and the 
secretary had to enlist all the people he could find, 
who were handy writers, to make copies of bills and 
reports for the use of the members. 

There was a dozen or more of the members, mostly 
overlanders from the Western states, then so called, 
who said but little, but paid close attention to busi- 
ness, and always voted, and voted quite independently 
of most of the speeches that were made. 

They had, most of them, been here but two or three 
years, and were farmers purposing to make the state 
their home. 

A few of the members talked a great deal, and for 
the most part talked well, but it was surprising how 
little they influenced the votes ! 

One could not tell, from beginning to end, what 
were the party affiliations of the members. 



CHAPTER XI. 

The Convention begins Business — "Bill of Rights" Introduced — Mon- 
day, September 10th, the Article Prohibiting Slavery Adopted by 
Unanimous Vote — September 12th, the Committee on Boundary of 
the State Proposing to Include what is now Nevada — Dr. Gwin's 
Proposition to Extend to the Boundary of New Mexico — Halleck's 
Amendment — Dr. Gwin's Ambition to become United States Senator 
— An All-Day Debate, September 24th — Late in the Evening Dr. 
Gwin's Boundary Adopted in Committee of the Whole. 

The convention decided upon its mode of procedure 
by appointing a committee of two from each district, 
to report, from time to time, such articles or sections 
of a plan as might be passed upon in committee. 
This committee consisted of twenty members, and 
Myron Norton was its chairman.^ 

The committee worked with great industry, and re- 
ported to the convention, from time to time, sections 
and articles for their consideration and action, and 
had, practically, most to do with framing the consti- 
tution. 

It took the convention from Monday till Friday to 
complete its organization, appoint its officers, and 
begin its work. By that time the members had begun 
to become pretty well acquainted with each other, and, 

1 Mr. Norton Avas a young man, a lawyer from Vermont, not yet 
thirty years old. 

He was a quiet, thoughtful man, strictly attentive to business, but 
he made no set speeches. In convention, he and Captain Halleck always 
sat together on a back seat, where they could look over the body when 
in session. 

Mr. Norton was always ready to explain the reports of his committee, 
and what he did not know about the history and condition of affairs — 
he had been here less than one year — Captain Halleck, who knew 
everything, was close at hand to tell him. 

95 



96 The Transition Period of California. 

holding three sessions each day, they became used to 
the routine of legislative business. 

On Friday, September 7th, the business committee of 
twenty reported the Bill of Rights, and it was referred 
for consideration to the "committee of the whole." 

It was taken up section by section, discussed, 
amended, and acted on during Friday and Saturday. 

On Monday, September 10th, at 10 o'clock, the con- 
vention resumed its session and proceeded with the 
consideration of the report on the Bill of Rights. 

They reached the section declaring that resident 
foreigners shall enjoy the same rights, in certain re- 
spects, as native-born citizens, and, after amending, 
passed it.^ 

1 William E. Shannon was born in Ireland. In 1846 he was a young 
lawyer in Rochester, New York, and came to California as captain in 
Stevenson's Regiment, in 1847. In 1849 he was at work in the mines. 

When, in June of that year. Governor Riley sent out his call for the 
election of delegates to a convention to form a constitution, he was in 
Coloma. In response to the governor's proclamation, a public meeting 
of the miners in all that vicinity was held to consider matters and, if 
thought best, to prepare for the election of delegates. 

That meeting was probably a sample of many others throughout the 
mines. It was held in a hotel which was in process of building. 

It was yet without roof, and those inside sat on the floor-beams. A 
carpenter's saw-horse was the chairman's seat, and an empty barrel was 
his desk. 

The first man to address the meeting said that he v,as born in a slave 
state, but he did not want slavery introduced here, and he vras in favor 
of pledging any candidates who might be delegates to the proposed con- 
vention to see that a clause was introduced into the constitution, and if 
possible passed, prohibiting slavery here forever. 

The next man who spoke said that he, too, was born in a slave state, 
and that he left it as much on account of slavery as anything else, and 
he was decidedly opposed to its introduction into California. 

Mr. Shannon, who was present, said that he was utterly opposed to 
the introduction of slavery in California, and pledged himself that if he 
was sent as delegate, he would introduce a free-state clause, and \i?e his 
utmost exertions to have it become a part of the constitution. 

I am informed that Mr. Shannon died of cholera, in Sacramento, in 
1850. 



The Transition Period of California. 97 

At that point Mr. Shannon moved to insert, as an 
additional section, the following: — 

" Neither slavery nor involuntary servitude, unless 
for the punishment of crimes, shall ever be tolerated 
in this state." 

No objection was made to the motion. The senti- 
ment of the country was so well known upon the 
subject that debate was unnecessary. One member 
wanted to amend by prohibiting the introduction of 
free negroes, and some others raised the question as 
to what particular portion of the constitution the pro- 
hibition of slavery should appear in, which, on 
motion, was determined to be the Bill of Rights, and 
some questioned whether it would not be well to sub- 
mit the matter to the people in a separate article; but 
when it came to a vote, the section was adopted unani- 
mously. 

There was no sign of the amazing importance of 
that decision, so easily reached in that little far-off 
town on that day. 

The convention went on about its ordinary business 
as if nothing unusual had happened. The outside 
world was quiet; the forenoon sun had melted away 
the usual morning ocean fog, and the deep, unceasing 
roar of the surf came up from the circling shore of the 
bay, and everything seemed peaceful, — but some- 
thing had taken place there, that morning, that was 
soon to convulse the nation! But no one compre- 
hended it then. Men only spoke of the convention as 
having got rid of its most perplexing question, and 
said that henceforth it would be plain sailing. 

On the following Wednesday, September 12th, at 



98 The Transition Period of California. 

the opening of the morning session, the president, 
under a resolution of the convention, appointed a 
committee of five to report what, in their opinion, 
should constitute the boundary of the state of Cali- 
fornia, consisting of Messrs. Hastings, Sutter, Reid, De 
la Guerra, and Rodriguez. 

On Tuesday, September 18th, Mr. Hastings made a 
report from that committee, which was referred to the 
committee of the whole. 

It proposed a boundary to include not only what is 
now California, but nearly all of what is now the state 
of Nevada also. 

On Saturday, September 22d, the convention, in 
committee of the whole, took up this report. 

Mr. McDougal moved an amendment, proposing to 
make the state include substantially all that was ever 
known as California on the old Mexican maps, or if 
Congress should object to this, that the boundary 
should be about what it is now. Mr. Semple, in some 
remarks upon the subject, said: "It is evidently not 
desirable that the state of California should extend 
her territory farther east than the Sierra Nevada. 
That is the great natural boundary; better than mili- 
tary fortifications, to secure us from any danger from 
the interior. Beyond that we do not desire. But if 
Congress thinks proper to include more, it would 
probably be our policy to abide by that decision." 

Then came the proposition of Dr. Gwin, that Cali- 
fornia should extend eastward to New Mexico, taking 
in all that was known as California by Spain and 
Mexico, with the proviso, proposed by Mr. Halleck, 
that if Congress objected, and suggested a smaller 



The Transition Period of California. 99 

territory, the legislature should have power to accept 
the Sierra Nevada line. 

On this joint proposition the great debate of the 
session took place. 

All agreed that for CaHfornia, as a state, the Sierra 
Nevada line was far the best. 

But there was uncertainty about our getting into 
the Union. And there were reasons, as they thought, 
for believing that the boundary we might propose 
would overcome that uncertainty. On this point 
there was a sharp difference of opinion. It narrowed 
itself down to a choice of the Sierra Nevada line as it 
now is, or taking in the whole territory to the New 
Mexican line. 

With which should we be most Hkely to get into the 
Union, and be relieved from our unorganized condi- 
tion without law? 

According to the prevaihng sentiment of the country 
they represented, the convention had decided that 
California should be a free state. 

That was upon the assumption that the inhabitants 
of a territory had a right to determine that question 
for themselves. So much seemed to be conceded to 
new settlers, at that time, in the United States 
generally. 

Taking this for granted, the question to be decided 
was. How much territory should be included? For 
how much territory would Congress, as it was then 
composed, allow us to settle the question of slavery, 
by including it within our bounds, and admit us into 
the Union? 

The situation was complicated and peculiar. 
LofC. 



100 The Transition Period of California. 

This whole territory had been acquired under the 
Democratic administration of President Polk, but was 
now to be dealt with under the Whig administration 
of President Taylor. 

The House of Representatives, in a very heated con- 
troversy, had come very near voting not to admit 
slavery into any of this acquired territory, — the " Wil- 
mot Proviso." This created unprecedented excite- 
ment. It was this that defeated every effort to pass a 
law giving us a territorial government by the out- 
going administration, and promised to do the same 
for the incoming one. 

Between these powerful and excited parties, the 
Northern and the Southern, California must find its 
way into the Union, or remain without law. So far 
as Congress was concerned, any hope of agreement on 
the question of slavery in the territories was at an end. 

But there were those connected with the incoming 
administration of President Taylor, who, in the ab- 
sence of the requisite action by Congress organizing a 
territory here, favored the organization of a state by 
the people themselves, which might then apply to 
Congress with some prospect of being admitted. 

To sanction this course, there would be a very large 
party in the Northern states, and it was thought that 
there would be enough moderate men in the Southern 
states, who, joining their influence with that of the 
administration, would be able to bring the state into 
the Union. 

And it was thought, moreover, by some, that these 
three elements of political strength would be all the 
more likely to prevail, and admit us to the Union, 



The Transition Period of California. 101 

if the whole of what was ever known as CaUfornia 
was included, because it would make it all a free state, 
and so remove the question of slavery in the acquired 
territory forever from Congress. 

So much importance was attached to this plan, that 
Hon. T. Butler King, a Georgia Congressman, was sent 
to this country in the spring of 1849 to make known 
the plans and wishes of the administration, and indi- 
cate what course would find favor at Washington. 

He arrived a little after the issue of Governor 
Riley's proclamation calling a constitutional conven- 
tion, and found that plans for the organization of a 
state, by the people here, were already being carried out. 

But, according to Governor Riley's proclamation, 
they embraced only the territory west of the Sierra 
Nevada. This would give another free state, to be 
sure, but it would leave a great extent of territory east 
of it for Congress to debate about, interfering with 
all the other business of the country. 

Why not extend the boundary, and take in all that 
was ever known as California, and have no more 
contention concerning slavery over it? 

The plan was so plausible that it came at last to 
make its appeal to patriotism. 

"Granting" — it was said — " that you could be re- 
reived into the Union with the Sierra Nevada boun- 
dary, you would leave the rest a subject of strife in 
Congress, and no one knows what the consequences 
might be. 

" Whereas, if you take in all ever known as Califor- 
nia, clear to New Mexico, you not only come into the 
Union, but at the same time you give peace to your 
country, now torn by fierce contention." 



102 The Transition Period of California. 

On the same steamship with Mr. T. Butler King 
came Dr. William M. Gwin. 

The long voyage afforded them ample opportunity 
to discuss the plans of the new administration, and 
though Dr. Gwin was a Democrat, his purpose in com- 
ing to California was such that he would wish to be 
on as good terms as possible with an administration 
that was to be in power at least four years.^ 

He arrived here early in Jane, just in time to take 
part in the public discussions occasioned by Gover- 
nor Riley's call for a convention to frame a constitu- 
tion, and, very naturally, when, on August 1st, the 
time appointed for the election of delegates came, he 
was chosen one of the delegates from San Francisco. 

He was one of the older members of the convention, 
and was the only one with a Congressional experience. 
He was a thorough Southerner, as afterward plainly 
enough appeared, but it was not particularly manifest 
in the convention. 

He did not undertake to be a leader in that body, or 
champion any particular measure, till it came to the 
question of the boundary to be fixed for the state. 

With regard to this, he did his utmost to secure the 
adoption of the larger boundary, and he did it mainly, 
as he again and again declared, to settle the slavery 
question touching the territory, outside of Congress. 

His proposition was to include all the territory 
from the Pacific eastward to the New Mexican line. 

1 " Dr. GwiB says, in his Memoirs, MS., 5, that on the day of President 
Taylor's funeral he met Stephen A. Douglas in front of Willard's Hotel, and 
informed him that on the morrow he should be en route for California, 
which, by the failure of Congress to give it a territorial government, would 
be forced to make itself a state, to urge that policy, and to become a candi- 
date for United States Senator, and that within a year he would present his 
credentials. He was enabled to keep his word."— Bancroft, vol. 23, p. 291 . 



The Transition Period of California. 103 

To this Mr. Halleck offered an amendment, that the 
legislature have power to accept the Sierra Nevada as 
the eastern boundary line in case Congress should 
prefer it. Mr. Gwin accepted the amendment. But 
Mr. Halleck was a pronounced Northern man, and 
supported and advocated the adoption of the larger 
boundary for the same reasons Mr. Gwin said that he 
did. But he wanted to provide an alternative, so 
that if Congress declined to admit the state to the 
Union to remain so large, they might propose the 
smaller hmit, to be subsequently accepted and rati- 
fied by the legislature of California. 

It was thought very strange, at the time, that these 
two gentlemen should be so agreed on this boundary 
question, and it was more than intimated that there 
must have been a private understanding between 
them. But this they both most emphatically denied. 

The debate opened in committee of the whole on 
Monday morning, September 24th, and continued 
throughout the day and evening. 

Messrs. Gwin, Halleck, Sherwood, and Norton— all 
but Dr. Gwin Northern men — argued earnestly in 
favor of adopting the larger boundary, and Messrs. 
Shannon, Hastings, McCarver, McDougal, and Botts 
— the last being a Southern man — urged the adoption 
of the Sierra Nevada line. 

Late in the evening, when many members had left 
on account of fatigue, the question was taken, and 
the larger boundary was adopted, — ayes 19, noes 4. 
The committee rose, reported action, and the house 
adjourned. 

The weary members were glad to go out into the 
fresh air and retire to their lodgings. 



CHAPTER XII. 

The Vote on the Boundary Question Unsatisfactory — Became more so, as 
it was Discussed in Private — The Question of Admission to the Union 
the main one — Mr. Sherwood's Speech — Mr. Botts's Speech — Mr. 
Halleck's Speech — Another Close Vote for Larger Boundary — Scene 
of Confusion Followed — Adjourned — Reconsideration Carried — Mr. 
Lippitt's Speech — Mr. Gilbert's Speech — Final Vote adopting Sierra 
Boundary, 32 to 7. 

The next day, the convention went on with its busi- 
ness as usual, but the question of the boundary was 
still much talked about, and great doubt was expressed 
as to how it would be finally determined. 

Just here may be as good a place as any to say 
that nothing whatever was said in the debate indicat- 
ing that there was a purpose or expectation on the 
part of the Southern members that the adoption of 
the larger boundary would result in the introduction 
of slavery into any j)art of the territory. 

Nor was there any appearance, in or out of the con- 
vention, of any secret understanding on the part of 
any upon that subject. 

Most of the men who advocated the larger boundary 
were thorough and pronounced Northern men. 

And Mr. Botts, one of the most influential of the 
Southern men, stoutly opposed it, and advocated the 
Sierra Nevada Hne. 

As to Dr. Gwin, he had no such preponderating in- 
fluence in the convention as some modern writers 
attribute to him. I could name ten members, either 
of whom might with as much propriety be called the 

104 



The Transition Period of California. 105 

leader in that body. His age and legislative experi- 
ence gave him some advantage, but he did not carry 
his measures, any more than other men. 

He did not often appear in debate, in which he 
could not be said to excel. 

In manner he was cordial and conciliatory, as he 
might well be, remembering his proposed candidacy 
for the United States Senate. 

It was later that he developed his great capacity for 
political leadership, while a member of the Senate 
from California. 

It is said in a recent well-written article on the 
birth of this state, "that it now seems perfectly plain 
that the pro-slavery members [of the convention] 
hoped that by making the state so large, it would 
subsequently be necessary to divide it by an east-and- 
west line, thus adding one state to the South." I can 
say that if such was the "hope" of these members, it 
did not appear in or about the convention, and, as I 
have said, the greater number of those who voted for 
the larger boundary were Northern, not Southern, men. 

But the above-mentioned writer quotes from Francis 
J. Lippitt, Esq., then a member of the convention, 
but now of Rhode Island, as follows on this point: — 

" I was afterward informed that this boundary line 
had been adopted at the instigation of a clique of 
members from the Southern states, wdth the view to a 
subsequent division of California by an east-and- 
west line into two large states, . . . and further, to 
the future organization of the southern of these two 
states as a slave state, — an event that w^ould have 
been quite certain." 



106 The Transition Period of California. 

Mr. Lippitt's information may have been correct. 
It seems to have come to him after the vote of Sep- 
tember 24th, in committee of the whole, which was 
nineteen in favor of the larger boundary to four for 
the smaller. 

The influence it had on him will appear when the 
question comes up for final action. 

Something came to my own knowledge a couple of 
years later, looking in the same direction. Mr. Gwin 
had no sooner taken his seat in the Senate for six 
years, than he began doing his best to bring about a 
division of the state as it was finally admitted. I 
learned it in a very direct way. 

I had occasion to go from San Francisco to Mon- 
terey, on the steamship Panama^ on the 15th of 
September, 1851. 

Senator Gwin was on board, on his way to Wash- 
ington. Governor McDougal was on board, also, on 
his way to Monterey, and other towns south of it, to 
attend conventions called to express a desire of the 
people for a division of the state, ostensibly on ac- 
count of the non-adaptation of laws both to the north 
and to the south, — unequal representation, unjust 
taxation, and so forth. 

But there was another reason beneath all that, 
which soon appeared in a conversation between the 
governor and the Senator. Said the Senator, speak- 
ing of the proposed division, "the country is ripe for it, 
North and South. The initiatory steps will be taken by 
the legislature as fast as they can be. The people will 
be ready." 

" But," says the governor, "can it be gotten through 
Congress without the Wilmot Proviso?" 



The Transition Period of California. 107 

"Yes," answered the Senator, "the fanatics at the 
North could not get a corporal's guard against it." 

This conversation made a very great impression 
upon me at the time, — so much so that I wrote it down, 
so as not to forget the language used, and it is from 
that copy I quote here. I was exceedingly surprised 
at the time, remembering the very different sentiments 
of both the gentlemen on this subject at the conven- 
tion, only two years before. 

Whether the Senator had secretly cherished the 
same purposes then, or whether he had formed them 
under the influence of the intense excitement in Con- 
gress during the preceding year, created by the ad- 
mission of California as a free state, I do not know, 
but we all know what his course was from that time on. 

At Monterey I was careful to inquire for the " con- 
vention," but for some reason none was held, and I 
never heard afterward of any being held in the towns 
farther south. 

Mr. Gwin's statement that " the country was ripe 
for it," had no foundation in fact. 

The country, as a whole, knew nothing about it, 
and those that were told were indifferent. 

But what he said about the course the legislature 
would take showed that he was well informed on that 
point. 

There was a persistent effort made in that body, 
year after year, by members who came from the South- 
ern states, to divide this state, and it continued down 
nearly if not quite to the time of the secession. And 
at times it came very near succeeding. 



108 The Transition Period of California. 

But to resume the account of the convention's 
action infixing the boundary of the state of California. 

The adoption of the larger boundary in committee 
of the whole, on September 24th, as heretofore de- 
scribed, was very unsatisfactory to many members. 
The matter was much discussed and thoroughly 
studied. There was no general excitement over it, 
but there was a constant comparison of views concern- 
ing it outside of the convention hall, as well as inside. 
In consequence, some members changed their opinions, 
while others were more confirmed in the positions they 
had taken. 

So far as appeared, the controlling motive was to 
take the course that would be most sure to give us 
speedy admission to the Union, and end this disorgan- 
ized and dangerous condition. 

Sixteen days after the action in committee of the 
whole in favor of the larger boundary, the subject came 
up for final action by the convention. 

It was opened in the evening session of October 8th, 
and was not closed till the end of the afternoon session, 
October 10th. Some of the arguments, p?^o and con, were 
more elaborate than before, but they all covered the 
same ground. 

Every one admitted that the Sierra Nevada fine was 
the best for us, as a state, but those who contended for 
the larger boundary argued that we should be more 
surely admitted by Congress if in our action we 
settled the question of slavery for the whole territory 
ever known as California, by including it all, thus re- 
lieving that body of all necessity of debate or action 
concerning it. And some went so far as to say that 



The Transition Period of California. 109 

in thus gaining admission to the Union with the 
larger boundary, and removing the great cause of dis- 
cord, we might be saving the Union itself from dis- 
solution! 

On this point Mr. Sherwood, a delegate from Sacra- 
mento, and a native of New York state, said: — 

"The consideration which has governed my vote 
and action here in regard to the boundary has not 
been simply what might ultimately be the boundary 
of this state. ... It is a matter of very little impor- 
tance to us whether for a year or two we possess that 
barren desert between the Sierra Nevada and New 
Mexico. 

"But it is a matter of great importance to the 
people of the United States, and to the perpetuity of 
the American Union and its institutions, that we 
should settle this slavery question, and prevent a 
division between the North and the South.'' ^ 

Mr. Botts,^ from Virginia, a delegate from Monterey, 
said in reply : — 

"I want to make a few remarks on this subject, if I 
can keep cool. 

"The gentleman who has last taken his seat has 
made his strongest appeal in behalf of this extreme 
eastern boundary, that it will be the only means of 

1 William S. Sherwood was born in Sandy Hill, Washington County, 
New York, was thirty-two years of age, and had been in California 
four months. 

2 Charles T. Botts was a lawyer residing in Monterey with his family. 
He was born in Prince William County, Virginia, in 1809. He came to 
Monterey as naval storekeeper in 1848. Later, he was a lawyer in San 
Francisco, and for some time a district judge in Sacramento. 

He was a thorough gentleman, a born lawyer, a fluent and graceful 
speaker, and a very respected citizen. 

His brother v/as the Hon. John Minor Botts, of Richmond, Virginia. 



110 The Transition Period of California. 

getting you into the Union. I tell you, you will never 
get into the Union with this boundary. If you do, 
it will be only to sit among its ruins, like Marius 
among the ruins of Carthage. . . . There were two 
extreme factions [in Congress], the one contending 
that the power remained in Congress to exclude sla- 
very [from acquired territory] and the other contend- 
ing that the power was retained by the North and the 
South equally to bring all their institutions into a 
conquered country. 

"Between these two violent extremes appeared the 
mediating portion of the wisdom, both of the North 
and the South, and they agreed thereupon to a 
great compromise principle. It was this. That the 
people of a territory should be allowed to settle the 
matter for themselves. And the proposition was 
hailed with general acclamation. ... It was thus 
supposed that California would immediately erect 
herself into a state, and that she would settle this ques- 
tion for herself. 

" Now, is the proposition of this eastern boundary 
based on any such principle as that? Whom do we, 
the delegates in this convention, represent? Do we 
represent the people east of the Sierra Nevada? 

" If the country east of that range of mountains had 
been called into this convention, is any man prepared 
to say that this constitution is the same as it would 
have been had they been represented? 

"Is it not evident, then, that you are evading those 
directions under which you are acting, — that compro- 
mise principle under which you are called upon to act, 
— and that you are settling this question, not for your- 



The Transition Period of California. Ill 

selves, but for others, — others who have never been 
heard, and who it is not intended shall ever be heard, 
upon this floor? ... I say that, in effect, you have al- 
ready designated the eastern boundary; that General 
Riley proclaimed the eastern boundary of California 
in his proclamation, and the people said amen, and 
they, through their representatives, have excluded sla- 
very for themselves; and is it for you to reverse that 
decision? You cannot do it. The people themselves 
cannot do it. The people themselves, within certain 
limits, cannot make rules for people without those 
Umits." 

Dr. Gwin, in some remarks, asserted that the neces- 
sity of every portion of the people being represented 
could not be maintained. Wisconsin, he said, was 
taken into the Union notwithstanding a large terri- 
tory included in it was not represented in the conven- 
tion that formed the constitution. The same was true 
of Michigan, yet the state was admitted. "So much 
for this bugbear in regard to the settlements on the 
Salt Lake." 

To this Mr. Hoppe, a delegate from San Jose, re- 
plied that he did not see how we could be justified in 
adopting a boundary taking in the Mormons, — a com- 
munity of not less than twenty-five thousand souls, 
having no representation in this body. 

"If the whole of California is to be included," said 
he, " I shall be in favor of dissolving this convention, 
remodeling the apportionment, and giving them an 
equal representation with ourselves." 

It was Tuesday forenoon, and the convention fore- 
saw for itself a hard day's work, and settled itself to 
business accordingly. 



112 The Transition Period of California, 

Mr. Halleck rose to argue in favor of the adoption 
of the larger boundary. 

He was Governor Riley's secretary of state, a man 
well read in law as well as in military science, and 
familiar with the Spanish, as well as other European 
languages. Concerning the whole California situa- 
tion he was by far the best informed of any man in 
the convention. 

He had spoken briefly several times on this boun- 
dary question, but never at any considerable length. 
He now gave his views in detail. 

'' My reasons," said he, " for advocating the larger 
boundary are these. In the first place, we are assem- 
bled here to form a constitution for California as she 
is recognized in the treaty of session, in the official 
papers and dispatches of our government, in the maps 
and memoirs published by order of the Congress of 
the United States, and in the maps and records of the 
Spanish and Mexican governments. Such, in my 
opinion, is the California for which we are now called 
upon to form a constitution. 

" In the second place, to form a constitution for Cali- 
fornia as she now is, without division or change, will 
facilitate the admission of the new state into the 
Union. ... If we present a constitution for all of 
California with the slavery question settled by unani- 
mous vote of the convention, we shall unite all parties 
in favor of our admission. 

"The administration will favor it, not only as a 
matter of right and justice, but on the score of policy, 
because it will relieve their party of the embarrass- 
ments of 'Southern addresses' and 'Wilmot Pro- 



The Transition Period of California. 113 

"The Northern Free Soil Party will favor such ad- 
mission, because our constitution makes California a 
free state, and this removes all object or excuse for 
further agitation. The Southern pro-slavery and state 
right party will be for us because by deciding for our- 
selves, without intervention of Congress, we merely 
exercise the right which has always been claimed for 
us by the South. 

" But if we divide this territory, and while settling 
the slavery question for one portion of California, 
leave it open for all the remainder of this country, we 
shall satisfy no party, and very possibly may array 
against us large portions of all these political factions 
of the older states. . . . The states east of the Rocky 
Mountains cannot settle this question. We in Cali- 
fornia can settle it. 

"A third reason for including all California within 
the limits of the new state is, that we do not yet know 
w^here the eastern line ought to be drawn. If mem- 
bers of this convention are so divided in opinion on 
that point as they are, ought we not to leave the 
question to the legislature, to be decided by that body 
when the proper information shall be obtained? 

"Another reason for including all California within 
the limits of the new state is the necessity of giving a 
government to the people who are settling the country 
east of the Sierra Nevada. 

" Congress, embarrassed as that body will be by the 
slavery question, cannot organize a government for 
these people. We, however, can give them a govern- 
ment, under the constitution which we are now form- 
ing, that that portion of country can be organized 



114 The Transition Period of California. 

into counties and judicial districts, so as to se- 
cure the life and property of individuals. Large 
numbers of people annually cross that territory in 
order to reach the El Dorado of the West, and crimes 
of the darkest dye are committed on the road. . . . 
Let us now look for a moment at the various objec- 
tions which have been urged against the boundary 
as reported by the committee of the whole, — the larger 
boundary. 

" In the first place, it is said that this boundary in- 
cludes too large an extent of country. To this it is 
repHed that the legislature, as soon as it shall deem 
proper, can cede to the general government any por- 
tion of this territory, and contract our boundary 
within as narrow limits as it may desire. In the sec- 
ond place, it is urged that we should, in our constitu- 
tion, fix a definite boundary, so as to leave nothing to 
the discretion of Congress and the state legislature. 

" This would be well, if we knew precisely where to 
draw this boundary line, and if there was no extrane- 
ous question calculated to impede our admission into 
the Union as a state formed out of only a portion of 
California. 

"Again, it is urged that as the people east of the 
snowy mountains are not represented in this conven- 
tion, we have no right to include them within the 
limits of the state. The objection has been answered 
by a reference to numerous instances in the older 
states, where new settlements, not included within any 
organized district or county, have had no voice in state 
conventions or legislative bodies. 

"If there had been time for delegates to come from 



The Transition Period of California, 115 

the Great Salt Lake, no one would have objected to 
their taking seats in this body, and the fact that any 
district or part of a district, or new settlement not 
within any organized district, is unrepresented here 
can form no serious objection to including such dis- 
trict or settlement within the boundaries of the state. 
. . . One more remark, and I have done. 

"It has been charged by one of the gentlemen who 
speaks against the larger boundary, that that boun- 
dary proposition has been gotten up for poUtical pur- 
poses; that it is intended to relieve the present general 
administration from the embarrassments of the slavery 
question. 

" Nay, further, that its very terms were dictated to 
this convention by political emissaries of General Tay- 
lor, and that it was carried through the committee of 
the whole by direct interference and 'log-rolling' of 
such government emissaries now in the lobby of this 
house. 

"Such charges are scarcely worthy of notice, and 
those who make them only lower themselves in the 
estimation of every respectable member of this body. 
. . . Gentlemen give themselves a great deal of un- 
necessary trouble in dragging into every discussion 
here the bearing of political parties at home, and in 
tasking their ingenuity to discover some difference of 
opinion, with respect to affairs in California, between 
the past administration (Polk's, Democratic) and the 
present (General Taylor's, Whig). 

" The instructions issued by General Taylor's Cabi- 
net correspond in every essential particular with those 
which came from the Cabinet of Mr. Polk. 



116 The Transition Period of California. 

" General Riley's proclamation calling for a more 
complete organization of the existing government of 
California and for the election of delegates to this 
convention was issued and sent to press on the third 
day of June last, and the steamer which brought the 
first instructions from the present administration did 
not reach San Francisco till the 4th of June, and were 
not received by General Riley till the 10th of that 
month. 

"Those instructions, however, confirmed in every 
respect the course which General Riley had previously 
taken. I hope this explanation will be sufficient to 
satisfy gentlemen that there has been no essential 
difference of opinion at home with respect to the 
course pursued by the government here, and that 
these authorities have been uninfluenced in their course 
by any considerations connected with party politics.' 

The question before the convention being the com- 
mittee report in favor of the larger boundary, with 
the proviso that Congress, with the consent of the 
state legislature, may make it smaller, — 

Mr. McDougal offered a substitute differing from it 
only in this, that it left out the need of reference to 
the legislature altogether, and referred the question 
of the choice of the larger or the smaller boundary 
to Congress alone. 

To this Mr. Botts objected, because it recognized 
authority in Congress to determine the question of 
slavery in territory, which he denied, and maintained 
that the people inhabiting the territory could alone 
settle that question. 



The Transition Period of California. 117 

The discussion went on earnestly during the re- 
mainder of the forenoon, when the convention ad- 
journed till three o'clock in the afternoon. 

At three o' clock the session opened, and the ques- 
tion before the body was the substitute proposed by 
Mr. McDougal. On the vote being taken, it was lost. 

The question now recurring on the committee report 
in favor of the larger boundary as proposed by Mr. 
Gwin, with Mr. Halleck's proviso, it was concurred 
in, — 29 in favor and 22 against. 

Then followed the only scene of disorder during the 
entire session of the convention. Many members rose 
to their feet, excitement prevailed, all was confusion, 
tables were overturned, and some cried one thing and 
some another. Mr. Snyder called out above the noise, 
"Your constitution's gone! Your constitution's gone!" 
and Mr. McCarver pressed a motion to adjourn sine 
die. 

Now, on the Saturday preceding, the convention 
thought they could see their way clear to get through 
and adjourn sine die to-day, Tuesday, the 9th. 

But Mr. Snyder called out, "Have you completed 
the business the people of California sent you here to 
perform? I shall vote against adjourning before the 
business before us is completed." ^ 

Upon that Mr. McCarver withdrew his motion to 

1 Jacob R. Snj'der came overland to California, arriving at Sutter' 
Fort, September 23, 1845. On the discovery of gold in January, 1848, he 
engaged in business, at Sutter's Fort, with P. B. Reading and Samuel 
Brannan. After the organization of the state, he engaged in banking in 
San Francisco, in partnership with James King of William. 

Major Snyder held various important offices under the state and 
nation with credit to himself and his country. He died in Sonoma, at 
the age of sixty-five years. 



118 The Transition Period of California. 

adjourn sine die. Order having been measurably re- 
stored, a motion was made to rescind the resolution of 
last Saturday, to adjourn sine die to-day (Tuesday), 
and then the house adjourned. 

So ended a hard day's work, and it was followed by 
no evening session. 

The members wanted rest, and opportunity to confer 
together privately on the question that divided them. 

On Wednesday morning, October 10th, the conven- 
tion met, and was opened with prayer, as usual, and 
began another hard day's work. 

The discussion was opened by Mr. Jones, a Southern 
man, and a delegate from the San Joaquin district.^ 

According to the vote of the preceding day, the 
larger boundary had been adopted, but by the small 
majority of only seven votes. 

Mr. Jones moved a reconsideration of this vote for 
the purpose of offering a somewhat different proposi- 
tion. He wished to adopt the Sierra Nevada line, 
which all believed to be best for California, but also 
to say that if Congress should refuse to admit the 
state with this boundary, then the larger boundary 
shall be accepted, including all the territory hereto- 
fore known as California. 

Mr. Jones's proposition differed but little from some 
that had been previously considered; but if a recon- 
sideration of the previous day's vote could be had, it 
would open the question for still further effort on be- 
half of agreement in opinion. 

1 Mr. J. M. Jones was born in Scott County, Kentucky, was twenty- 
five years old, was a lawyer, had resided in Louisiana, from whence he 
came to California, and had been here four months. 



The Transition Period of California. 119 

Mr. Botts was in favor of reconsideration. 

Mr. Gwin was not. As the vote stood, the larger 
boundary, which was his pet measure, was adopted. 

If the vote should be reconsidered, it might not be 
adopted again. 

'' Why," said he, " go into a reconsideration, if the 
manifest disposition of the house shows that it cannot 
produce the desired effect?" And after further re- 
marks, he said, " I do not desire to include the whole 
territory, but Congress may desire to do it, and with 
Congress lies the discretionary power. . . . My desire 
is, that we should not jeopard the admission of the 
state by committing a blunder about this boundary 
line." 

Four or five members followed, expressing briefly 
their opinion in favor of reconsideration, in order 
that there might be further effort toward agreement. 

At this juncture, Mr. Lippitt, who had come from a 
sick-bed to participate in the business of the morning, 
rose to advocate the adoption of the Sierra Nevada 
line. 

He argued against the larger boundary, because it 
included the Mormons at Salt Lake, — people said to 
number some thirty thousand or forty thousand souls, 
— people who knew nothing about this convention, 
who had never been invited to be represented in it, — 
people upon whom we have no legal right to impose a 
government. And further, it would be impracticable 
to carry on our government over that immense terri- 
tory. Nature herself has shut us up between the Sierra 
Nevada and the Pacific. 

But his chief ground of opposition to the larger 



120 The Transition Period of California. 

bounclar}^ was, that to propose it would open up the 
very difficulty in Congress which its friends think it 
would avoid! "It opens up," said he, "a most dan- 
gerous and exciting question in Congress." 

"If the issue is raised there between the two great 
parties of the North and the South, our constitution 
goes by the board! 

" If we take the Sierra Nevada boundary, there will 
be no issue between the North and the South. The 
question will simply be on the acceptance of this con- 
stitution, containing a certain and definite boundary. 

"It is republican in form, and that being the case, 
we are entitled to admission under the provisions of 
the Federal constitution. The South has laid down 
the principle that the people of a state are the sole 
judges of what shall be its domestic institutions. 

"The whole South will therefore take us as we are, 
with that boundary. Then, how will it be with the 
North? They would probably prefer having us ex- 
tend our government over the whole territory. 

"But there will be no issue joined between the North 
and the South. The issue, if any there should be, 
will be between the North and the people of California 
themselves. They will say, ' Why did you not extend 
your Hmits to the Rocky Mountains?' There is no 
issue between the North and the South. If there is 
any dissatisfaction at all, it will be on the part of 
the North. But the North sees that we give her two 
Senators from a non-slave-holding state, and that 
turns the scale in the Senate of the United States. It 
gives her the command of the whole question hereafter. 

"If the other boundary is adopted, let us see what 



The Transition Period of California. 121 

would be the consequences. It is a double proposi- 
tion, — a proposition with an alternative, — to fix our 
boundary either on the Sierra Nevada or include the 
whole of California, as Congress and the legislature 
may hereafter determine. Is not that making an 
open question of it? — throwing down the glove be- 
tween the two great parties. 

''Is it possible that any member of this convention 
does not see that this leaves the whole question open? 
... I shall vote in favor of any proposition making 
the vSierra Nevada the definite boundary line." 

The remainder of Wednesday forenoon was spent in 
inquiries concerning the actual boundaries of Cali- 
fornia under the governments of Spain and Mexico, 
and in hearing rephes from the Spanish- speaking 
members of the convention, after which Mr. Hill, 
delegate from San Diego, proposed a new line for the 
eastern boundary, when the convention took a recess 
till three o'clock in the afternoon. 

On assembling in the afternoon, Mr. Gilbert, dele- 
gate from San Francisco, addressed the convention, 
declaring himself in favor of the larger boundary, but 
if that could not be agreed upon with some unanimity, 
then he was in favor of the Sierra Nevada line. 

In speaking on this point he said, "If we cannot 
have the whole of Cahfornia, let us claim only that 
which w^e can extend our institutions over, and do 
justice to the people who live in it. 

"While I am with those who claim the whole terri- 
tory, while I believe by adopting that policy we can 
settle forever the question that is likely to divide the 



122 The Transition Period of California. 

Union, still, when a majority of this convention say 
they cannot go with us, then I wish to limit the state 
to the most compact boundaries. If we cannot in- 
clude the whole of the Great Desert, let us say we do 
not want any part of it. Matters were brought up 
here to-day about the exact lines of that boundary, 
which, in my view, are considerations of no impor- 
tance. 

'' I contend that in taking the larger boundary we set- 
tle the question of slavery over the territory included 
in it, and that every man who wishes well to the Union 
would wish that question settled. I desire the propo- 
sition to come distinctly on this point." 

After a variety of motions and votes, and the settle- 
ment of parliamentary questions, the convention, late 
in the afternoon, came to a direct vote on the adop- 
tion of the Sierra Nevada boundary, and it prevailed, 
thirty-two voting for it and only seven against. That 
vote fixed the boundary as it would have been deter- 
mined in the beginning, without debate, had it not 
been for the overshadowing influence of the question 
of slavery. 



CHAPTER XIII. 

Completion of the Work of the Convention — Adoption of the Preamble 
— Preparation of an Address to the People — Members, in a Body, 
Call on Governor Riley — Adjournment — Constitution Adopted by 
Vote of the People, and State Oflacers Chosen, on November 13, 1849 — 
Legislature Met in San Jos6, December 20, 1849 — Governor Riley turns 
over Authority to the State — Fremont and Gwin Chosen United 
States Senators — With Wright and Gilbert, Representatives, they 
Leave for Washington — The Legislature Proceeds with its Work. 

Little now remained for the convention to do but 
to complete its records, and prepare the constitution for 
immediate circulation, in view of the popular vote 
upon it, which was to be taken early in November. 

Among the last things done was the adoption of a 
preamble to place at the head of the constitution, and 
it was in these words: — 

"We, the people of California, grateful to Almighty- 
God for our freedom, in order to secure its blessings, 
do establish this constitution." 

A brief and pertinent address was prepared to go 
out with it, urging the voters to give it immediate 
consideration, and if they approved, to vote for it 
without fail on the appointed day. 

After final adjournment, the members of the con- 
vention waited on Governor Riley in a body.^ 

Captain Sutter addressed him in their behalf, and 
in responding the General said, among other things: — 

1 "The convention having thus completed its labors. Governor Riley, 
on October 24th, issued a proclamation, appointing Thursday, November 
29, 1849, to be set apart and kept as a day of public thanksgiving and 
prayer." — fl'i^eJZ, vol. 2, p. 776. 

123 



124 The Transition Period of California. 

" My success in the affairs of California is mainly 
owing to the efficient aid rendered me by Captain 
Halleck, the secretary of state." 

On the thirteenth day of November the constitution 
was adopted by vote of the people, and a governor and 
all other necessary officers were elected. 

A month later, on the 20th of December, 1849, the 
legislature met in San Jose, the designated capital, 
and organized the state government. 

The governor was inaugurated, and all other officers 
were in due form inducted into office. 

"On the same day, and as soon as he was notified 
of the fact. Governor Riley, who was present in San 
Jose with his staff, issued a final proclamation, an- 
nouncing that a new executive having been elected 
and installed into office in accordance with the consti- 
tution of the state, he thereby resigned his power as 
governor. 

"He congratulated the people upon at length hav- 
ing a government of their own choice, and one which, 
under the favor of Divine Providence, would secure 
their prosperity and happiness, and the permanent 
welfare of the new commonwealth." ^ 

California was now a state, organized in conformity 
with the requirements of the constitution of the 
United States, and assuming the functions of civil 
government, but occupying territory not her own. 

The question of greatest doubt yet remained to be 
solved: Would Congress admit the state to the Union, 
and legalize all that she had done ? The anxiety felt 

1 Hittell, vol. 2, p. 786. 



The Transition Period of California. 



125 



by all the members of the convention was indicated 
very clearly in the debate on the boundary question. 
It was felt by everybody. 

Congress had not been asked to authorize the for- 
mation of a state government here. 

Congress had failed in two sessions to set up even a 
territorial government, and whether it would now so 
change its attitude toward California as to admit it as 
a state, when it had been so long unable to organize it 
as a territory, was a matter of painful uncertainty. 
The situation was unprecedented. 
The people, under the stress of necessity, had organ- 
ized a state government. But it was not the owner of 
its territory. It had no money with which to pay its 
officers. 

It was emphatically alone in the world, with no re- 
sources for self-support, if she should fail to be 
admitted into the Union. However excellent her 
citizenship and her constitution and laws, or however 
worthy her officers, what could she do if left to stand 
alone! What a spectacle would she be if Congress 
should ignore her proceedings and remand her back 
under territorial leading-strings. 

Judging from the course of that body in the then 
recent past, the reception it would give the new state 
was a matter of extreme uncertainty. 

To be sure. President Taylor and most of his 
Cabinet were in favor of admitting California uncon- 
ditionally and at once with the free-state constitution 
which the people had framed, but President Taylor 
had against him the ruHng forces of the Democratic 
party, now lately defeated, and the most prominent 
men of his own Whig party did not agree with him. 



126 The Transition Period of California. 

What hope was there, then, for California in Con- 
gress ? 

But to present herself and argue her case before the 
country was her only course. 

There was no alternative. 

Her representatives to Congress had already been 
chosen, — Messrs. Gilbert and Wright, — and one of the 
first acts of the legislature was the election of Messrs. 
Fremont and Gwin to the United States Senate. 

It was a sufficient reason' for promptness in this 
matter, that Congress was already in session, and as 
it would take our delegation about a month to get to 
Washington, it was highly desirable that they should 
be on their way as soon as possible. When they were 
gone, the legislature entered upon the work before it. 

They spent little or no time over the question whether 
the legislature should proceed at once with the busi- 
ness of legislation, or await the action of Congress on 
the application for admission into the Union, but went 
about the work before them without delay. 

" There was for the first legislature a vast amount 
of labor to perform, and a great and weighty responsi- 
bility to assume. ... To confine the expenditures 
within due bounds, to keep the 3"0ung state out of 
debt, to make it punctual and just in all its engage- 
ments, were some of the sure and certain means to 
advance and secure its prosperit^^ To build up a 
reputation that would bear just criticism of all parties, 
was an object to be hoped and wished for, and in the 
efforts of the legislature to accomplish this great end, 
it might depend upon his cordial support."^ 

1 Governor Burnett's \n&\x%\xx&.\.—HitteU, vol. 2, p. 788. 



CHAPTER XIV. 

Congressional Delegation at Washington — Sharp Division of Sentiment 
as to their Admission — President Taylor Advises the Admission of 
California, December 4, 1849 — Draft of Constitution Submitted, Feb- 
ruary 13, 1850 — An Elaborate Memorial Issued and widely Published 
by the Delegation — The Admission of the State made an "Adminis- 
tration Measure"— Not Unitedly Agreed to by the Party Leaders- 
Mr. Clay's " Omnibus Bill " Introduced, Coupling many other things 
with "Admission"— The Opening of an All-Summer Debate — Mr. 
Calhoun's last Speech read for him, March 4, 1850. 

And so with the opening of the year 1850 began 
the hfe of the state of California/ 
When, near the same time, our Congressional delega- 

1 Just here something took place, of more importance than has 
hitherto been attributed to it. Early in January, 1850, two delegates 
from the " state of Deseret " presented themselves at San Jos^. 

They said that in March, 1849, a convention was held in Deseret and 
a state constitution was formed and was submitted to the people, and 
was adopted. But when they heard that California was about to hold a 
constitutional convention, they were chosen delegates to attend it, in 
order to ask that such a boundary line might be adopted as would in- 
clude them. But the delegates had arrived too late. The Monterey con- 
vention had adjourned, and so they came to San Jos6 to see if anything 
could be done about it by the legislature. They said they represented 
20,000 people then in Salt Lake, and 30,000 more were on the Avay there. 
They were stoutly opposed to the admission of slavery there. 

Of course their mission was in vain, and nothing came of it. 

But what if they had arrived here a little earlier, and had been pres- 
ent in the convention in Monterey in September, and had made their 
request there? 

When we remember how very near the convention came to includ- 
ing them, the strongest objection being that they were not represented 
in the convention, we can see how almost certainly Mr. Gwin's " larger 
boundary" would have been adopted. 

What the result would have been no man can say. 

But it is very plain that it was a narrow escape of California from 
Mormon complications. 

Particulars are given in TuthiU's History of California (p. 287), and in 
Hall's History of San Jose (p. 223). 

127 



128 The Transition Period of California. 

tion left for Washington, they could have had news 
from the East up to about the beginning of December, 
1849. By that time President Taylor was well settled 
in his administration, and it was well known that his 
influence would be in favor of the admission of Cali- 
fornia to the Union and the seating of her delegation 
to Congress. 

Beyond that all was uncertainty. 

The four-weeks' steamship voyage to New York 
afforded the gentlemen ample opportunity to discuss 
the situation as they were then informed of it, and in 
some measure to form their plan of action. 

Possibly they found papers containing later news at 
Mazatlan, and very likely still later at Panama. 

If they did, it could not, on the whole, have been 
reassuring. 

All summer the entire country had been agitated 
over the question of the territory acquired from 
Mexico, one part insisting that it should remain free, 
and that slavery should never be introduced into it, 
the other part stoutly contending that slave property 
could be taken and used there, equally with any other 
property, and that neither Congress nor the inhabi- 
tants had a right to exclude it. 

The press was full of it, on both sides of the ques- 
tion. Popular conventions were held. Heated ap- 
peals were made by leading men, and sometimes 
threats of disunion were heard. It was in the midst 
of this excited and divided state of public sentiment 
that our delegates knew that Congress was to meet on 
the third day of December, 1849. 

And they were on the way to appear before that 



The Transition Period of California, 129 

Congress and ask that California, a free state, just 
formed from the choicest part of the recently acquired 
territory, be admitted to the Union. 

It is easy to believe that they had many days of 
long and anxious discourse together beneath the awn- 
ing as they passed through the tropics on their way. 

At last their journey ended, and early in February 
they arrived in Washington and were ready to pre- 
sent their credentials and ask the admission of the 
state of California to the Union . 

They soon learned that, in his message at the open- 
ing of Congress, President Taylor had said that he 
had reason to believe that California would soon seek 
admission to the Union, and he recommended that 
the application be favorably received.^ 

And now on the 13th of February he submitted to 
Congress an official copy of California's constitution. 

A cursory debate followed and the subject went by 
for the time. 

But our delegation soon found that their applica- 
tion was to meet a determined resistance. 

Therefore, in order to correct errors and place it 
before the pubhc mind in the Hght of truth, they 
drew up a carefully prepared " Memorial," addressed 
to the Senate and House of Representatives, opening 
with this statement : — 

1 "No civil government having been provided by Congress for Cali- 
fornia, the people of the territory recently met in convention for the 
purpose of forming a state constitution, and it is believed they will 
shortly apply for admission of California into the Union. 

"Should this be the case, I recommend their application to the 
favorable consideration of Congress."— PreszVfent Taylor's Message, Dec. 
4, 1849. 



130 The Transition Period of California. 

"The undersigned deem it but just to state that 
they have learned with astonishment and sincere re- 
gret, since their arrival in the city of Washington, of 
the existence of an organized, respectable, and talented 
opposition to the admission of the new state which 
they have the distinguished honor to represent. This 
opposition is so unexpected, so important in numbers 
and ability, so decided in its sectional character, that 
they feel they should do injustice to their constituents, 
to the cause of good government, and to the progres- 
sive advance of freedom and civilization, did they not 
at least attempt an answer to the many arguments 
urged against the admission of California. . . . 

" The undersigned have deemed it obligatory upon 
them, in presenting in a formal way the request of the 
state of California for admission into the American 
Union, that they should, by a narration of facts, at 
once and forever silence those who have disregarded 
the obligations of courtesy and all the rules of justice, 
by ungenerous insinuations, unfair deductions, false 
premises, and unwarranted conclusions. They be- 
lieve that in so doing they will carry out the wishes of 
those who have commissioned them and contribute to 
the true history of this important political era, while 
they ardently desire and hope that they may thereby 
be enabled to exert a happy influence in allaying that 
intense excitement which now menaces the perpetuity 
of the repubhc and all the dearest hopes of freedom." 

The substance of the contents of this memorial is 
important for preservation, not only because of its 
absolutely truthful presentation of the case, but its 
structure shows the kind of objections which they 
found they had to meet and overcome. 



The Transition Period of California. 131 

They had been in Washington but two or three 
weeks, but that was quite long enough to convince 
them that their application was to be opposed by a 
combination of influences of unknown strength. 

They begin by briefly narrating the early history of 
California, with its gradual settlement and its mixed 
population. They then recite the main facts of the 
history of its acquisition by the United States. 

While war lasted, it was, of course, under military 
authority, and for the most part the Mexican law was 
continued in force. 

A small overland emigration came into the country 
each year after 1845. But when gold was discovered 
in 1848, immigrants flocked in by thousands and by 
tens of thousands. 

The civil authority, though backed by the military, 
was sorely put to it, even under the war power, to 
maintain order and administer justice. But when, in 
August, 1848, the news of peace came, and with it the 
end of military authority in civil affairs, the people 
expected to hear by the very next mail of the organi- 
zation of a territorial government for the country by 
Congress. But no such news came. Since, however, 
four fifths of the male population of the country were 
then eagerly engaged in the mines, no special attention 
was given to the unsettled condition of civil affairs. 

But upon the coming of winter, and the return of a 
great majority of the miners to the towns, the subject 
was taken up in earnest. 

It was forced upon public attention by the prevalence 
of lawlessness and crime. Murders, highway rob- 
beries, and other outrages convinced all honest and 



132 The Transition Period of California. 

orderly people that something must be done to insure 
public safety, or anarchy would reign. 

Meetings were held for consultation; the facts of the 
situation were considered; the utter insufiSciency of the 
Mexican law system was made plain, even if it was in 
legal existence, which it was not, since the termina- 
tion of the war; the remoteness of California from the 
states and the seat of government, and therefore the 
absolute necessity of self-reliance and united action in 
some form, — all these things occupied public attention 
well on into the spring of 1849, 

The result was a general concurrence of opinion that 
a convention ought to be held at the earliest possible 
date for the formation of a state constitution. 

The news of the final failure of Congress to pass a 
bill estabhshing a territorial government in California 
came by a special steamer which was sent to Mazatlan 
to get the latest news, in advance of the mail, and 
reached San Francisco, May 28, 1849. 

It was seen at once that a state organization was the 
only feasible scheme which promised the country a 
government. 

In accord with this conviction, on June 3, 1849, 
Governor Riley, at Monterey, the capital, issued a 
proclamation, recommending the election of delegates 
to a convention for forming a state constitution, said 
body to convene at Monterey on the 1st of September 
following. 

While a majority of the people denied his right to 
issue such a proclamation, claiming that in the default 
of the action of Congress the right to pursue such a 
course was inherent in the people, they conceded that 



The Transition Period of California, 133 

it was the duty of the patriotic to yield their abstract 
opinions, and to unite in one common effort to pro- 
mote the public good. 

Furthermore, the delegation went on to say that the 
people of California " did not adopt such form of gov- 
ernment in obedience to, ^dictation from the executive 
here [in Washington], through General Riley there; 
but, on the contrary, actually took the initiative in 
the movement, and only concurred in the suggestions 
of the de facto governor as a matter of convenience, 
to save time, and with patriotic resolution to merge 
all minor differences of opinion in one unanimous 
effort to avert impending ills and remedy existing 
evils. 

"Much misapprehension appears to have obtained 
in the Atlantic states relative to the question of 
slavery in California. The undersigned have no hesi- 
tation in saying that the provision in the constitution 
excluding that institution meets with the almost 
unanimous approval of that people. . . . Since the 
discovery of the mines, the feeling in opposition to 
the introduction of slavery is believed to have become, 
if possible, more unanimous than before. . . . There 
is no doubt, moreover, that two fifths of those who 
voted in favor of the constitution were recent emi- 
grants from slave-holding states. . . . 

"The question of the boundary called out the 
most vehement and angry debate which was witnessed 
during the sitting of the convention. The project of 
fixing the southern boundary of the state on the 
parallel of 36° 30' [Mason and Dixon's line] was never 
entertained by that body." 



134 The Transition Period of California. 

The delegation proceeded to show that the right of 
suffrage and qualification for citizenship were rightly- 
prescribed, and that the result of the labors of the 
convention was submitted to the people of California, 
and the vote showed that the sentiment in favor of the 
constitution was nearly unanimous. 

They stated, also, that at the same time the vote was 
taken on the adoption of the constitution, state officers 
were chosen, who had already entered upon their sev- 
eral ofiices, and were at that time in the discharge of 
their duties. 

The delegation closed their "Memorial" in these 
words: — 

" This people request admission into the American 
Union as a state. They understand and estimate the 
advantages which will accrue to them from such a 
connection, while they trust they do not too highly 
compute those which will be conferred upon their 
brethren. They do not present themselves as suppli- 
ants, nor do they bear themselves with arrogance or 
presumption. They come as free American citizens, 
— citizens by treaty, by adoption, and by birth, and 
ask that they may be permitted to reap the common 
benefits, share the common ills, and promote the com- 
mon welfare as one of the United States of America. 
[Signed] "William M. Gwin. 

" John C. Fremont. 
" George W. Wright. 
" Edward Gilbert." 

This "Memorial" was placed before all the members 
of Congress, and was, in substance at least, published 
by the press throughout the country. 



The Transition Period of California. 135 

As has been stated, while the delegation was on the 
way to Washington, President Taylor had recom- 
mended, in his annual message, the favorable consider- 
ation of an apphcation from Cahfornia for admission 
into the Union, if it should be made, and later, hav- 
ing received the official copy of her constitution, he 
had laid it before Congress. 

The question thus presented to Congress and the 
country was a very simple one. Did California fulfill 
the conditions prescribed in the constitution of the 
United States for the admission of a new state into the 
Union? 

Very few in any party were heard holding it in 
doubt. 

Therefore, when its admission was made an admin- 
istration measure, it was to be expected that the party 
having just come into power — and especially its 
leading men — would unite in support of it. But in 
this there was disappointment. Mr. Clay and Mr. 
Webster were the leading men of the Whig party, not 
only in the Senate, but in the country. 

And neither of these gentlemen took very kindly to 
the election of General Taylor as President, on the 
ground of his military reputation, when the qualifica- 
tions of statesmanship were, as they seemed to think, 
left out of account. 

And the appearance is, that they did not make 
much, if any, effort to unite the party in a measure in 
which they could all agree, and admit the new state. 

What was called "the President's plan" for the ad- 
mission of California was presented to Congress on 
January 21, 1849. 



136 The Transition Period of California. 

It presented the matter by itself alone, and unen- 
cumbered with any other questions. 

But Mr. Clay, instead of supporting it, or seeking to 
modify it, or making any reference to it whatever, on 
the 29th of January introduced in the Senate a series 
of compromise measures, the first of which was that 
California ought to be admitted,^ and the rest were in- 
tended to meet the demands of the North and the 
South against each other. It came later to be known 
as the "Omnibus Bill." 

This opened up an all-summer debate, and put off 
action on the admission of California till fall. 

Meanwhile, the California delegation waited, and 
watched its progress, uncertain when or how it would 
end. 

On the 4th of March, 1850, Mr. Calhoun dehvered 
his last speech in the Senate, on the condition of the 
country and the questions of the hour, in the close of 
which he discussed the application of California to be 
admitted as a state.'^ 

He called to mind the fact that the South was 
united against the "Wilmot Proviso," which would 
have prohibited the introduction of slaver}^ into ter- 

1 Ib speaking on his first resolution, Mr. Clay said: — 
"Mr. President, it must be acknowledged that there has been some 
irregularity in the movements which have terminated in the adoption of 
a constitution of California, and in the expression of her wish, not yet 
formally communicated to Congress, it is true [January 29, 1849], but 
which may be anticipated in a few days, to be admitted into the Union 
as a state. . . . 

" I trust that if California, irregular as her previous action may have 
been in the adoption of a constitution, if she shall be admitted, . . . 
will make her contribution of wisdom, of patriotism, and of good feel- 
ing to this body, in order to conduct the affairs of this great and bound- 
less empire."— i?ye and Works of Henry Clay, vol. 3, p. 115. 
2 The Worl-s of Calhoun, vol. 4, p. 563. 



The Transition Period of California. 137 

ritory acquired from Mexico, and that it would pre- 
sent the same opposition to what he called an " ex- 
ecutive proviso " to accomplish the same result, through 
executive influence, in the getting up of a free- state 
constitution in California. 

" That,'- he goes on to say, "the Southern states hold 
to be unconstitutional, unjust, inconsistent with their 
equahty as members of the common Union, and cal- 
culated to destroy irretrievably the equilibrium be- 
tween the two sections. ... It is contrary to the 
constitution, in that it deprives the Southern states, 
as joint partners and owners of the territories, of their 
rights in them. . . . 

" In claiming the right for the inhabitants, instead 
of Congress, to legislate for the territories, the 'ex- 
ecutive proviso' assumes that the sovereignty over 
the territories is vested in the inhabitants, or to ex- 
press it in the language of the Senators from Texas, 
they have ' the same inherent right of self-government 
as the people in the states.' 

" The assumption is utterly unfounded, unconstitu- 
tional, without example, and contrary to the entire 
practice of the government from its commencement 
to the present time. 

" The recent movement of individuals in California 
to form a constitution and a state government, and to 
appoint Senators and Representatives, is the first fruit 
of this monstrous assumption. 

"If the individuals who made this movement had 
gone to California as adventurers, and if, as such, they 
had conquered the territory and established their 
independence, the sovereignty of the country would 



138 The Transition Period of California. 

have been vested in them, as a separate, independent 
community. 

" In that case they would have had the right to form 
a constitution and to establish a government for 
themselves; and if afterwards they thought proper to 
apply to Congress for admission into the Union as a 
sovereign and independent state, all this would have 
been regular and according to established principles. 
But such is not the case. 

"It was the United States who conquered CaHfornia, 
and finally acquired it by treaty. The sovereignty, 
of course, is vested in them, and not in the individuals 
who have attempted to form a constitution and a state 
without their consent. 

"Nor is it less clear that the power of legislating 
over the acquired territory is vested in Congress, and 
not, as is assumed, in the inhabitants of the territories. 

"None can deny that the government of the United 
States has the power to acquire territories, either by 
war or treaty, but if the power to acquire exists, it be- 
longs to Congress to carry it into execution. 

" On this point there can be no doubt, for the consti- 
tution expressly provides that Congress shall have 
power ' to make all laws which shall be necessary and 
proper to carry into execution the foregoing powers 
[those vested in Congress], and all other powers 
vested by this constitution in the government of the 
United States, or any department or officer thereof.' 

" But this important provision, while it gives to Con- 
gress the power of legislating over territories, imposes 
important limitations on its exercise, by restricting 
Congress to passing laws necessary and proper for 



The Transition Period of California. 139 

carrying the power into execution. . . . Having now 
established beyond controversy that the sovereignty 
over the territories is vested in the United States, and 
that the power of legislating over them is expressly 
vested in Congress, it follows that the individuals in 
California who have undertaken to form a constitu- 
tion and a state, and to exercise the power of legislat- 
ing without the consent of Congress, have usurped 
the sovereignty of the state and the authority of 
Congress, and have acted in open defiance of both. 

"In other words, what they have done is revolution- 
ary and rebellious in its character, anarchical in its 
tendency, and calculated to lead to the most danger- 
ous consequences. 

" Had they acted from premeditation and design, it 
would have been, in fact, actual rebelhon. 

"But such is not the case. 

"The blame hes much less upon them than upon 
those who have induced them to take a course so un- 
constitutional and dangerous. 

"They have been led into it by language held here, 
and the course pursued by the es^ecutive branch of 
the government. 

" There is enough known to justify the assertion that 
those who profess to represent and act under the 
authority of the executive have advised, aided, and 
encouraged the movement which terminated in form- 
ing what they call a constitution and a state. 

"General Riley, who professed to act as civil gover- 
nor, called the convention, determined the number 
and distribution of the delegates, appointed the 
time and place of meeting, was present during the 



140 The Transition Period of California. 

session/ and gave its proceedings his approbation and 
sanction. 

"If he acted without authority, he ought to have 
been tried, or at least reprimanded, and his course 
disavowed. Neither having been done, the presump- 
tion is that his course has been approved. 

" This, of itself, is sufficient to identify the executive 
with his acts, and to make it responsible for them. 

" I touch not the question whether General Riley was 
appointed or received the instructions under which 
he professed to act from the present executive or its 
predecessor. If from the former, it would implicate 
the preceding as well as the present administration, 

"If not, the responsibility rests exclusive^ on the 
present. 

" It is manifest from this statement that the Execu- 
tive Department has undertaken to perform, acts pre- 
paratory to the meeting of the individuals to form 
their so-called constitution and government, which 
appertain exclusively to Congress. Indeed, they are 
identical in many respects with the provisions 
adopted by Congress when it gives permission to a 
territory to form a constitution and government in 
order to be admitted as a state into the Union. . . . 

"It belongs now. Senators, to you to decide what 
part you will act in reference to this unprecedented 
transaction. 

"The executive has laid the paper purporting to be 
the constitution of California before you, and asks 
you to admit her into the Union as a state; and the 

1 General Riley was at his office at headquarters, in Monterey, dur- 
ing the sessions of the convention, but was never present at its sessions. 



The Transition Period of California . 141 

question is, Will you, or will you not, admit her ? It 
is a grave question, and there rests upon you a heavy 
responsibility. 

"Much, very much, will depend upon your decision. 

"If you admit her, you indorse and give sanction to 
all that has been done. Are you prepared to do so ? 

" Are you prepared to surrender your power of legis- 
lation for the territories? — a power expressly vested 
in Congress by the constitution, as has been fully 
established. 

"Can you, consistently with your oath to support 
the constitution, surrender the power ? 

"Are you prepared to admit that the inhabitants 
of the territories possess the sovereignty over them, 
and that any number, more or less, may claim any 
extent of territory they please, may form a constitu- 
tion and government, and erect it into a state, without 
asking your permission ? 

"Are you prepared to surrender the sovereignty of 
the United States over whatever territory may be 
hereafter acquired, to the first adventurers who may 
rush into it ? 

"Are you prepared to surrender virtually to the 
Executive Department all the powers which you have 
heretofore exercised over the territories ? 

"If not, how can you, consistently with your duty 
and your oaths to support the constitution, give your 
assent to the admission of California as a state, under 
a pretended constitution and government ? 

"Again, can you believe that the project of a con- 
stitution which they have adopted has the least 
validity ? Can you beheve that there is such a state 
in reality as the state of California ? 



142 The Transition Period of California. 

"No; there is no such state. It has no legal or 
constitutional existence. It has no validity, and can 
have none without your sanction. 

" How, then, can you admit it as a state, when, ac- 
cording to the provisions of the constitution, your 
power is limited to admitting new states f To be ad- 
mitted, it must be a state, — and an existing state, in- 
dependent of your sanction, — before you can admit it. 

"When you give your permission to the inhabitants 
of a territory to form a constitution and a state, the 
constitution and state they form derive their authority 
from the people, and not from you. 

"The state, before it is admitted, is actually a state, 
and does not become so by the act of admission, as 
would be the case with CaUfornia, should you admit 
her contrar}^ to the constitutional provisions and 
established usages heretofore. . . . 

"But it may be asked, What is to be done with 
California, should she not be admitted ? 

" I answer, remand her back to the territorial con- 
dition, as was done in the case of Tennessee, in the 
early stage of the government. 

" But it may be said California will not submit. 

"That is not probable; but if she should not, when 
she refuses, it will then be time for us to decide what 
is to be done."^ 

1 " Mr. Calhoun was too feeble in health to deliver this speech him- 
self, but it was read for him by a brother Senator. Mr. Calhoun was 
present to hear it. His frame wasted by disease, swathed in flannels, 
he crept into the Senate-chamber to utter his last word. Before a 
month, or on March 31, 1850, he died." — /. F. Rhodes, vol. 1, p. 94. 



CHAPTER XV. 

Mr. Webster Discusses " California " in his " 7th of March Speech," with- 
out Referring to the President's Plan of Admission, or to Mr. Clay's — 
He would Admit California — The Question of Slavery there not an 
Open Question, because the Law of Nature, Physical Geography, For- 
bids it — Mr. Seward Addresses the Senate two days later — "Let 
California come in. California already a state, and can never be 
less. She asks to be a state of this Union. The answer must be, Now, 
or never. No ' compromises ' in a case like this." 

Three days later, on the 7th of March, 1850, Mr. 
Webster addressed the Senate, delivering what be- 
came known as his "7th of March speech," in 
which he spoke at some length on the California ques- 
tion, but not directly referring either to what was 
known as the President's plan of the admission of 
California, as might have been expected of him, or to 
Mr. Clay's plan, putting it at the head of a series of 
" compromise measures," but after referring briefly to 
the circumstances of the acquisition of California, 
and the remarkable discovery of gold, and the con- 
clusion of the treaty of peace with Mexico, he pro- 
ceeded to say: — 

"It so happened that although, after the return of 
peace, it became a very important subject for legisla- 
tive consideration and legislative decision to provide 
a proper territorial government for California, yet 
differences of opinion between the two houses of Con- 
gress prevented the estabhshment of any such terri- 
torial government at the last session. 

" Under this state of things the inhabitants of Cali- 
fornia, already amounting to a considerable number. 



144 The Transition Period of California. 

thought it to be their duty, in the summer of last 
year, to establish a local government. 

"Under the proclamation of General Riley, the peo- 
ple chose delegates to a convention, and that conven- 
tion met at Monterey. 

" It formed a constitution for the state of California, 
which, being referred to the people, was adopted by 
them in their primary assemblages. Desirous of 
immediate connection with the United States, its 
Senators were appointed and Representatives chosen, 
who have come hither, bringing with them the au- 
thentic constitution of the state of California; and 
they now present themselves, asking, in behalf of 
their constituents, that it may be admitted into this 
Union as one of the United States. 

"It is said, and I suppose truly, that, of the mem- 
bers who composed that convention, some sixteen 
were natives of and had been residents in the slave- 
holding states, and about twenty-two were from the 
non-slave-holding states, and the remaining ten mem- 
bers were either native Californians or old settlers of 
that country. 

"This prohibition of slavery, it is said, was inserted 
with entire unanimity. 

"It is this circumstance, the prohibition of slavery, 
which has contributed to raise — I do not say it has 
wholly raised — the dispute as to the propriety of the 
admission of California into the Union under this 
constitution. 

"It is not to be denied — nobody thinks of denying 
— that, whatever reasons were assigned at the com- 
mencement of the late war with Mexico, it was prose- 



The Transition Period of California. 145 

cuted for the purpose of the acquisition of territory, 
and under the alleged argument that the cession of 
territory was the only form in which proper compen- 
sation could be obtained by the United States from 
Mexico for the various claims and demands which 
the people of this country had against that govern- 
ment. 

"At any rate, it will be found that President Polk's 
message, at the commencement of the session of 
December, 1847, avowed that the war was to be prose- 
cuted until some acquisition of territory should be 
made. As the acquisition was to be south of the line 
of the United States, in warm climates and countries, 
it was naturally, I suppose, expected by the South 
that whatever acquisitions were made in that region 
would be added to the slave-holding portion of the 
United States. Very little accurate information was 
possessed of the real physical condition either of Cali- 
fornia or New Mexico, and events have not turned out 
as was expected. Both California and New Mexico 
are likely to come in as free states, and therefore 
some degree of disappointment and surprise has re- 
sulted. In other words, it is obvious that the ques- 
tion which has so long harassed the country, and at 
some times very seriously alarmed the minds of wise 
and good men, has come upon us for a fresh discussion, 
— the question of slavery in the United States. . . . 
Now, as to California and New Mexico, I hold 
slavery to be excluded from those territories by a law 
even superior to that which admits and sanctions it in 
Texas. I mean the law of nature, of physical geogra- 
phy, the law of the formation of the earth. That law 



146 The Transition Period of California. 

settles forever, with a strength beyond all terms of 
human enactment, that slavery cannot exist in Cali- 
fornia or New Mexico." 

On the 11th of March, two days later than the day 
of Mr. Webster's speech, Mr. Seward addressed the 
Senate on the question of the admission of California. 

In opening his speech, he said: "Four years ago, 
California, a Mexican province scarcely inhabited 
and quite unexplored, was unknown even to our 
usually immoderate desires, except by a harbor, capa- 
cious and tranquil, which only statesmen then fore- 
saw would be useful in the Oriental commerce of a far 
distant, if not merely chimerical, future. 

"A year ago, California was a mere military depend- 
ency of our own, and we were celebrating with una- 
nimity and enthusiasm its acquisition, with its newly 
discovered but untold and untouched mineral wealth, 
as the most auspicious of many and unparalleled 
achievements. 

" To-day, California is a state more populous than 
the least and richer than several of the greatest of our 
thirty states. This same California, thus rich and 
populous, is here asking admission into the Union, 
and finds us debating the dissolution of the Union 
itself. . . . Shall California he received? 

" For myself, upon my individual judgment and con- 
science, I answer. Yes. For myself, as an instructed 
representative of one of the states, — of that one, even, 
of the states which is soonest and longest to be pressed 
in commercial and political rivalry by the new com- 
monwealth, I answer. Yes. Let Cahfornia come in. 
Every new state, coming from whatever part of the 
continent she may, is always welcome. 



The Transition Period of California. 147 

" But California, that comes from the clime where the 
west dies away into the rising east; Cahfornia, that 
bounds at once the empire and the continent; Cali- 
fornia, the youthful queen of the Pacific, in her robes 
of freedom gorgeously inlaid with gold, — is doubly 
welcome." 

And here Mr. Seward proceeded to ask, "Why 
should California be rejected? " "Only two reasons," 
he says, "are given," and they are founded on the 
" circumstances of her coming," and in " the organic law 
which she presents for our confirmation." 

In reply to the first objection, that California comes 
unceremoniously, he points to the fact that she was 
torn from Mexico and from under her laws, and by 
treaty was promised admission as a state as soon as 
possible. 

And if she comes without the preliminary consent 
of Congress, so did Michigan. "California comes here 
under the paramount law of self-preservation. 

" She was a military colony. All mihtary colonies 
are objectionable. She deserves praise for seeking to 
become a state. We tried to give her a territorial 
charter, and we could not agree to give it now, if that 
were what she was asking." 

Mr. Seward answers the objection that California 
has assigned her own boundaries without the consent 
of Congress, by pointing to the fact that since she was 
left to organize herself, she was obliged to do as she 
did. 

"But she is too large," some objected. "Her boun- 
daries are natural," he replied, " and convenient, and 
are no encroachment on anybody else. The United 
States domain is properly secured. 



148 The Transition Period of California. 

"The constitution is republican, and the only objec- 
tion is, that inasmuch as it inhibits slavery, it is alto- 
gether too republican." 

The objection that California came as a free state on 
account of executive influence he denies, as resting on 
nothing but suspicion. 

And he proceeded to say, "May this republic never 
have a President commit a more serious or more dan- 
gerous usurpation of power than the act of the present 
eminent chief magistrate in endeavoring to induce legis- 
lative authority to relieve him from the exercise of mili- 
tary power, by establishing civil institutions regulated 
by law in distant provinces." 

Mr. Seward then proceeded to state his reasons for 
the opinion that " California ought to be admittedy 

His first reason was drawn from the assured magni- 
tude of the population of the United States in the 
time to come. 

It was 1850 when he was speaking. His political 
arithmetic led him to predict that in fifty years the 
population of the nation would be eighty millions. 
And if his reckoning was correct, that in 1950 it 
would be two hundred millions. And that long before 
that time the entire country from the Atlantic to the 
Pacific would be covered by it, and be brought into 
complete political organization. And then he asks, 
"Shall the American people, then, be divided?" 

In approaching an answer to this question he con- 
siders our position, power, and capabilities. He sees 
no seat of empire so magnificent as this, and he thinks 
we have inherited intellectual vigor, courage, inven- 
tion, and enterprise, that, with our systems of education, 



The Transition Period of California. 149 

will qualify us to meet the responsibilities of our 

position. ,, 

"The Old World," he said, "and the past were allot- 
ted by Providence to the pupilage of mankind, under 
the hard discipline of arbitrary power, quelling the 
violence of human passions. 

"The New World and the future seem to have been 
appointed for the maturity of mankind, with the de- 
velopment of self-government operating in obedience 
to reason and judgment. ... 

"The Atlantic states, through their commercial, so- 
cial, and political affinities and sympathies, are 
steadily renovating the governments and the social 
constitutions of Europe and of Africa. 

"The Pacific states must necessarily perform the 
same sublime and beneficent function in Asia. 

"If then, the American people shall remain an un- 
divided nation, the ripening civiUzation of the West, 
after a separation growing wider and wider or four 
thousand years, will, in its circuit of the world, meet 
again and mingle with the declining civilization of the 
East on our own free soil, and a new and more per- 
fect CiviUzation will arise to bless the earth, under the 
sway of our own cherished and beneficent democratic 
institutions. We may then reasonably hope for 
greatness, felicity, and renown, excelling any hitherto 
attained by any nation, if, standing firmly on the 
continent, we lose not our grasp on the shore of either 

ocean. , 

''Whether a destiny so magnificent would be only 
partially defeated or whether it would be altogether 
lost by a relaxation of that grasp, surpasses our wis- 



150 The Transition Period of California. 

dom to determine, and, happily, it is not important to 
be determined. It is enough if we agree that expec- 
tations so grand, yet so reasonable and so just, ought 
not to be in any degree disappointed. 

"And now it seems to me that the perpetual unity 
of the empire hangs on the decision of this day and 
of this hour. California is already a state, — a com- 
plete and fully appointed state. She can never again 
be less than that. She can never again be a province 
or a colony; nor can she be made to shrink and shrivel 
into the proportions of a federal dependent territory. 

" California, then, henceforth and forever must be, 
what she is now, a state. 

" The question whether she shall be one of the United 
States of America has depended on her and on us. 
Her election has been made. Our consent alone re- 
mains suspended; and that consent must be pro- 
nounced now, or never. I say now, or never. Nothing 
prevents it now but want of agreement among our- 
selves. 

" Our harmony cannot increase while this question 
remains open. We shall never agree to admit Cali- 
fornia unless we agree now. Nor will California 
abide delay. 

"I do not say that she contemplates independence; 
but if she does not, it is because she does not antici- 
pate rejection. Do you say she can have no motive? 
Consider, then, her attitude, if rejected. She needs 
a constitution, a legislature, and magistrates; she 
needs titles to that golden domain of yours within her 
borders, — good titles, too, — and you must give them on 
your own terms, or she must take them without your 



The Transition Period of California. 151 

leave. She needs a mint, a custom-house, wharves, 
hospitals, and institutions of learning; she needs for- 
tifications and roads and railroads; she needs the 
protection of an army and a navy; either your Stars 
and Stripes must wave over her ports and her fleets, 
or she must raise aloft a standard for herself; she 
needs, at least, to know whether you are friends or 
enemies; and, finally, she needs what no American 
community can live without, sovereignty and inde- 
pendence, — either a just and equal share of yours, or 
sovereignty and independence of her own. 

"Will you say that California could not aggrandize 
herself by separation? 

"Would it, then, be a mean ambition to set up, 
within fifty years, on the Pacific coast, monuments like 
those which we think two hundred years have been 
well spent in establishing on the Atlantic coast? 

" Will you say that California has no ability to be- 
come independent? She has the same moral ability 
for enterprise that inheres in us, and that ability im- 
plies command of all physical means. 

" She has advantages of position. She is practically 
farther removed from us than England. 

"We cannot reach her by railroad, nor by unbroken 
s team-n a vigation . 

" We can send no armies over the prairie, the moun- 
tain, and the desert, nor across the remote and narrow 
isthmus within a foreign jurisdiction, nor around the 
Cape of Storms. 

"We can send a navy there, but she has only to 
open her mines, and she can seduce our navies and 
appropriate our floating bulwarks to her own defense. 



152 The Transition Period of California. 

"Let her only seize 3'our domain within her borders, 
and our commerce in her ports, and she will have at 
once revenues and credit adequate to all her necessities. 

" Besides, are we so moderate, and has the world be- 
come so just, that we have no rivals and no enemies 
to lend their sympathies and aid to compass the dis- 
memberment of our empire? 

" Try not the temper and fidelity of California, — at 
least, not now, — not yet. Cherish her and indulge her 
until you have extended your settlements to her 
borders, and bound her fast by railroads and canals 
and telegraphs to your interests, — until her affinities 
of intercourse are established, and her habits of loyalty 
are fixed, — and then she can never be disengaged. 

"California would not go alone. Oregon, so inti- 
mately allied to her, as yet so loosely attached to us, 
would go also; and then, at least, the entire Pacific 
coast, with the western declivity of the Sierra Nevada, 
would be lost. 

"It would not depend at all upon us, nor even on 
the mere forbearance of California, how far eastward 
the long line across the temperate zone should be 
drawn, which should separate the republic of the Pa- 
cific from the republic of the Atlantic. Terminus has 
passed away with all the deities of the ancient Pan- 
theon, but his scepter remains. Commerce is the god 
of boundaries, and no man now living can foretell his 
ultimate decree. 

"But it is insisted that the admission of California 
shall be attended by a compromise of questions which 
have arisen out of slavery. I am opposed to any such 
compromise." 



The Transition Period of California. 153 

And then he entered into a very long and elaborate 
argument against all legislative compromises, but es- 
pecially in the case of the admission of California, and 
concluded his speech as follows: — 

" Let, then, those who distrust the Union make com- 
promises to save it. I shall not impeach their wis- 
dom, as I certainly cannot their patriotism; but 
indulging no such apprehensions myself, I shall vote 
for the admission of California directly, without con- 
ditions, without qualifications, and without com- 
promise. 

" For the vindication of that vote, I look not to the 
verdict of the passing hour, disturbed as the public 
mind now is by conflicting interests and passions, but 
to that period, happily not far distant, when the vast 
regions over which we are now legislating shall have 
received their destined inhabitants." 



CHAPTER XVI. 

The Case fairly Presented by these Kepresentative Statesmen — Supreme 
Importance of the Issue — Debate continues all Summer — President 
Taylor Dies, July 9, 1850 — Vice-President Fillmore takes his Place — 
The Question of the " Balance of Power " in the United States Senate 
— The Senate came to a Vote on California, August 13, 1850 — Bill to 
Admit Passed — Minority "Protest" was Refused a Record on the 
Journal of the Senate — Bill came up in the House, September 7th — 
It was Delayed by Dilatory Motions — It was finally Passed on Satur- 
day, the 7th, and Signed by the President on Monday, the 9th of Sep- 
tember, 1850. 

It seems to me that the arguments of these repre- 
sentative statesmen present fairly the case of CaHfor- 
nia as it stood before Congress in the spring and 
summer of 1850. 

• The question of her admission to the Union was 
counted as one of supreme importance. Vast interests 
were manifestly dependent upon the decision. 

They were set forth with startling clearness by Mr. 
Calhoun on the one side and by Mr. Seward on the 
other. It is not necessary to read the almost innu- 
merable speeches delivered before Congress during the 
spring and summer, to become impressed with the 
importance of the issue. There were fifteen free states 
and fifteen slave states then, and, of course, an equal 
representation in the Senate. 

The addition of the sixteenth free state would turn 
the scale, and mark the beginning of a preponderance 
of free-state power in Congress, with every prospect of 
its continued increase. Against this, resistance on the 
part of the South was almost desperate. 

154 



The Transition Period of California. 155 

Consequently, the passage of the bill for the admis- 
sion of CaHfornia was resisted at every stage, espe- 
cially in the Senate, for the only hope of preventing 
its final passage was there. 

After an all-summer debate on the bill in both houses 
of Congress, the Senate came to a vote on August 13, 
1850.' On that day the president of the Senate stated 
that the question was on the passage of the bill. A 
long debate ensued, when the yeas and nays were 
ordered, and being taken, were — yeas 34, nays 16. So 
the bill passed. 

On the next day, ten of the members who voted 
"nay" asked to be permitted to present a protest 
against the Senate's action, and have it spread upon 
the journal. 

The protest was read.^ It commenced as follows: — 

"We, the undersigned Senators, deeply impressed 
with the importance of the occasion, and with a 
solemn sense of the responsibility under which we are 
acting, respectfully submit the following protest 
against the bill admitting California as a state of this 
Union, and request that it may be entered upon the 
journal of the Senate. We feel that it is not enough 
to have resisted in debate alone a bill so fraught with 
mischief to the Union and the states we represent, 
with all the resources of argument which we possessed, 
but that it is also due to ourselves, the people whose 

1 During the summer of 1850, very great changes took place. Presi- 
dent Taylor died on the 9th of July, 1850. Vice-President Fillmore there- 
upon became President, and upon his accession the entire administra- 
tion was changed. But the new President and Cabinet were not less 
favorable to the admission of California to the Union than the 
preceding. 

2 Congressional Globe, vol. 21, 1849-50, p. 1578. 



156 The Transition Period of California. 

interests have been intrusted to our care, and to pos- 
terity, which even in its most distant generations may 
feel its consequences, to leave, in whatever form may 
be most solemn and enduring, a memorial of the op- 
position which we have made to this measure, and 
of the reasons by which we have been governed, 
upon the pages of a journal which the constitution 
requires to be kept so long as the Senate may have an 
existence. 

"We desire to place the reasons upon which we 
are willing to be judged by generations living and 
yet to come, for our opposition to a bill whose conse- 
quences may be so durable and portentous as to 
make it an object of deep interest to all who may 
come after us."^ 

The protest claims that the bill sanctions the action 
of a portion of the inhabitants of California, which 
makes an " odious discrimination" against the "prop- 
erty " of the fifteen slave-holding states of the Union; 
also, that the right of the slave-holding states to a 
common and equal enjoyment of the territory of the 
Union is not recognized, and that the equality of 
these states in the confederacy is destroyed, and that 
for these and such like reasons the dissolution of the 
Union itself is threatened. 

The protest is signed by Mason and Hunter of 
Virginia, Butler and Barnwell of South Carolina, 
Turney of Tennessee, Jefferson Davis of Mississippi, 

1 Mr. Jefferson Davis said : — 
"It is the magnitude of the occasion which justifies the offering of a 
protest. In my opinion, this is the greatest that has occurred in the 
history of our country, so far as regards the consequences likely to q-q.- 
sne." — Congressional Globe, vol. 21, 1849-50. p. 1581. 



The Transition Period of California. 157 

Atchison of Missouri, and Morton and Yulee of 
Florida. 

On the question of the reception and recording of 
the protest a long and earnest discussion arose. The 
question was finally decided in the negative, on the 
ground that it was against precedent, and that if a 
minority could protest in this way in one case, it 
might in other cases, and that if a minority might 
enter a protest, the majority might claim the right to 
put on record with it an answer, and so bring about 
an interminable difficulty. 

The vote to decline to receive and record the pro- 
test was decided, — yeas 22, nays 19; and this ended 
the consideration of the question of the admission of 
California to the Union in the Senate. 

On Saturday, September 7, 1850, the bill from the 
Senate for the admission of California came up in its 
order in the House. 

Here its passage was resisted by every dilatory 
motion possible under parliamentary rules, in the 
course of which Mr. Thompson of Mississippi obtained 
the floor, and said in part: — 

"I know and feel that the hour of debate is passed 
and that this House is impatient for action; but I am 
constrained even yet to make one more effort to secure 
justice for that section of the Union I represent. It 
is true, I struggle without hope; I know the result in 
advance. But I have sought the floor to enable me to 
place on record my own opinions and views. 

"The substitute I proposed for this bill limits the 
boundary of California by that ancient, well-known 
line on the south of 36° 30'. It admits Cahfornia 



158 The Transition Period of California. 

when she has agreed not to interfere with the primary 
disposition of the land, and pledges herself to those 
stipulations which were required of the other new 
states by proclamation of the President. 

" It organizes a territorial government for the residue 
of the country south of the line of 36° 30', to be called 
South California, and adopts for its government the 
same provisions enacted on yesterday for New Mexico. 
... I feel that I am speaking against the fixed de- 
termination of this House. But what is the necessity 
of admitting California now? Require her to comply 
with the conditions proposed, and she can and will 
assent by the next session. . . . 

" The adoption of a territorial government for South 
California is demanded by the people of that country. 

''The whole South asks for the division as an act of 
justice. Every consideration of sound policy demands 
this division. ... By the formation of a territorial 
government the whole South will feel that they are 
not exclured by your act; that the majority here has 
some respect still for them and their rights. ... I see 
that the majority are bent on their purposes. I 
despair of equity. I have done my utmost to ward off 
this blow. My counsel has been unheeded, and I am 
overpowered. This outrage is this day to be per- 
fected, and all I can do is to leave the people's rights 
in the keeping of the people. In their action I shall 
acquiesce with more cheerfulness than in your arbi- 
trary course." 

After a few more motions and votes required to 
reach the final decision in a parliamentary way, the 



The Transition Period of California. 159 

question was reached, "Shall this bill pass?" The 
yeas and nays being ordered, the question was decided 
in the affirmative, — yeas 150, nays 56. 

This was on Saturday, and the bill thus passed by 
the two houses of Congress reached the President on 
Monday, September, 9, 1850, and promptly received 
his signature, and then California was one of the 
states of the Union. 

Our Representatives and Senators took their seats in 
Congress. 

From that hour California became one of the United 
States of America. 

This is the limit of our proposed study in the his- 
tory of the state. But now, in the light of what has 
taken place in the fifty years since that day, we see 
very clearly that it was a turning-point in the history 
of the nation. 

The balance of power which then began in the 
Senate went on growing with resistless force, till it re- 
sulted in removing the cause which had so long 
divided the Union into two sections, and wiping out 
the traditional division line between the states. 

Nothing is plainer than that this great consum- 
mation was reached through the superintendence and 
control of a Wisdom and Power infinitely above that of 
man. 

The result of admission to the Union to Cahfornia 
herself is known to the world. The state has aimed 
to realize the almost prophetic ideal of Mr. Seward, as 
expressed in his speech advocating our admission, 
which was, "the setting up, within fifty years, on the 



160 The Transition Period of California. 

Pacific coast, monuments like those which we think 
two hundred years have been well spent in establish- 
ing on the Atlantic coast." 

How near in this our first fifty years we have come 
to this ideal, our institutions of rehgion and education 
and all that constitutes a civilized state must show. 



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MISCELLANEOUS LIBRARY BOOKS 

Sugar Pine Murmupings, by EHz. S. Wilson $1 00 

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Songs of Puget Sea, by Herbert Bashford 100 

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Pepcy OP the Foup Insepapables, by M. Lee 1 00 

Pepsonal Impressions of tho Grand Canyon of the Colopado 1 50 

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WESTERN SERIES OF PAPER BOOKS 

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No. 3. Modern Argonaut, by Leela B. Davis 25 

No. 4. How to Celebrate Holiday Occasions— Compiled 25 

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WESTERN LITERATURE SERIES 
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Paper, 25c. Board 40 

WESTERN SERIES OF BOOKLETS 

N3. 1. California and the Californians, by David Starr Jordan 25 

No. 2. Love and Law, by Thos. P. Bailey 25 

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23 1901 



